TRUMP FILES SCATHING EIGHTH AMENDMENT-BASED ARGUMENT AGAINST AG JAMES’ IMPOSSIBLE BOND CONDITION
Short summary: In response to New York Attorney General Letitia James’ $454 million civil fraud suit, former President Donald Trump has filed a scathing response to a half-billion-dollar bond appeal.
The filing, addressed directly to the Appellate Division of the New York Supreme Court, argues that requiring Trump to sell properties to post bond would be unconstitutional and excessive. Trump’s attorneys invoke the Eighth Amendment, which prohibits excessive bail and fines.
As the March 25 deadline approaches, James could potentially seize Trump’s assets in New York if he does not comply with the bond condition.
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Long information:
As a foreboding March 25 deadline looms on the horizon in New York Attorney General Letitia James’ $454 million civil fraud suit, President Trump has filed a scathing response to a half-billion-dollar bond appeal.
An official statement the president’s campaign announced on Thursday, “Donald J. Trump has filed a powerful response to Racist and Corrupt New York AG Letitia James’ and Democrat Club-controlled Judge Arthur Engoron’s crooked, political Witch Hunt, specifically their Unconstitutional, Illegal bond demand.”
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The filing was detailed but succinct, clocking in at five pages, and was addressed directly to the Appellate Division of the New York Supreme Court.
On Monday, New York AG James could potentially move to seize Trump’s assets in the Empire State if he does not post bond, which has been set at nearly the same amount as the $454 million fine.
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“It would be completely illogical—and the definition of an unconstitutional Excessive Fine and a Taking—to require Defendants to sell properties at all, and especially in a ‘fire sale,’ in order to be able to appeal the lawless Supreme Court judgment, as that would cause harm that cannot be repaired once the Defendants do win, as is overwhelmingly likely, on appeal,” the filing argued.
This argument is based upon the Eighth Amendment of the U.S. Constitution, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
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Trump’s attorneys strongly argued that “demanding an undertaking in the full amount of the judgment in order to appeal, the Attorney General and Supreme Court have sought to impose a patently unreasonable, unjust, and unconstitutional” bond condition.
Per RSBN, Trump has thus far been unable to secure the multi-million-dollar bond amount needed before Monday. James could immediately begin seizing his assets in New York if he fails to post bond.
Data collected from rsbnetwork website