Ruth Bader Ginsburg and Trump’s $355 Million Fine

Los Angeles Daily News ^ | Susan Shelley

[Deaf Smith]

*

[Macho MAGA Man]

I had read a while back that Tibbs v Indiana doesn’t apply to Trump’s case. Let me go try to find the article.

[Dick Bachert]

PLEASE FEEL FREE TO SHARE!!

[mass55th]

"I had read a while back that Tibbs v Indiana doesn’t apply to Trump’s case. Let me go try to find the article."

Was it written by some left-wing lawyer like Abbe Lowell?

[nickcarraway]

It says the 8th Amendment applies to states.

[ProtectOurFreedom]

Excellent article. Thanks for posting. Imagine if RBG’s ruling is used to find the fine against Trump to be unconstitutional!

[musicman]

BTTT!!!

[Macho MAGA Man]

I don’t think so but Trump can’t get the 8th to apply unless he puts up what Letitia James is asking, right?

[TexasFreeper2009]

this is most clear-cut case of an 8th amendment violation I have ever heard of in my entire life.

[Magnum44]

+1

[Robert DeLong]

It shouldn’t be hard to find, because is should lead Google’s algorithms to rank it up front & center. 😋

[Oscar in Batangas]

I beg to differ with the concluding line of Mr. Miller’s statement. I suggest that “ONLY” God (as opposed to “Not even...”) can save the United States of America.

But do we have enough faith to humbly ask for His intervention?

[FreeReign]

I don’t think so but Trump can’t get the 8th to apply unless he puts up what Letitia James is asking, right?

Appeal it to SCOTUS.

[chud]

+1

[Macho MAGA Man]

He has to put up the $400+ million first to begin the process all the way up to SCOTUS. That’s why I’ve been saying that Letitia and Engoron has him in a catch-22.

[Political Junkie Too]

Trump can’t get the 8th to apply unless he puts up what Letitia James is asking, right?

It's an inherent right of the people to be protected from excessive fines.

It's application is supposed to prevent President Trump from having to put up the bond. Being forced to put up the bond is an onerous fine in and of itself.

Trump has to find a way to fast-track an appeal that stays James from acting. Appealing to the New York court only appeals Engoron's finding and fine. Trump needs to appeal the bond requirement on 8th amendment grounds.

The purpose of an appeal is to hold off on the punishment until an appellate court can approve the prior proceedings. Demanding such an exorbitant fine just to get the appeal is forcing the punishment before being allowed to appeal the punishment.

President Trump needs to get the excessive bond stayed, then he can appeal Engoron's ruling after that.

I'd go further and say that Engoron's ruling (and James' seizing of Trump's buildings) is more than an 8th amendment violation; it's also an illegal 5th amendment taking of private property for public use.

-PJ

[JParris]

He may need post bond to proceed in state of New York.

But USSC cares not what provisions New York puts in their process. Robert Barnes et al need to pettion directly to USSC for emergency stay pending hearing on constitutional grounds.

They could stop the whole thing is 24 hours or less with emergency stay.

[ding_dong_daddy_from_dumas]

It does seem insane to block an appeal to SCOTUS about an 8th amendment violation because of an 8th amendment violation, but I remember a lot of rulings on "standing" in 2021.

[mass55th]

"I don’t think so but Trump can’t get the 8th to apply unless he puts up what Letitia James is asking, right?"

I'm sorry to say I have no idea about that.