Posted on 03/18/2024 7:57:38 AM PDT by CFW
It clearly is. A hypothetical to propose to the appeals court is a judge ordering a $1 Billion fine on a middle class family for flying an “unapproved” flag. The family has no way to get a surety bond for that amount so the town can seize ALL of their assets.
Excess means excess and a Constitutional violation is a Constitutional violation whether the person is wealthy or penniless. New York law and New York courts should not be the only remedy for a Constitutional violation.
EC
Most of their wealth is measured in assets
Important:
“Only a handful of bond surety companies are approved by the U.S. Treasury Department to do underwrite a bond that large, and many of those will only issue a single bond up to $100 million, Giuletti wrote“ Simply put, a bond of this size is rarely, if ever, seen,” Giulietti wrote. “In the unusual circumstance that a bond of this size is issued, it is provided to the largest public companies in the world, not to individuals or privately held businesses.”
Just shows you crazy the unethical judgement was! The intent from the beginning was take his property and criminally sell it.
The AG and judge knew the banks he previously borrowed from would be happy to lend him the money for the bond, so they issued a “Blanket Prohibition on Lending Transaction”!
In other words they’re restricting Trump from borrowing money to put up for appeal.
This is so patently excessive and politicized it should be.
There’s no clause for that in the Constitution nor in the Federal Rules of Civil Procedure.
He can appeal either with or without the bond, but without it the State can start enforcing its judgment against him. So he has to win his appeal to the Appellate Division, First Department (which is unlikely). If he loses there he can appeal to the Court of Appeals (which has a lower case acceptance rate than even the SCOTUS - but there is a quirk, in NY if the Appellate Division rules 3-2, the loser has the RIGHT to appeal to the Court of Appeals, i.e. the COA must hear it). Then he can appeal to the SCOTUS.
Someone more versed in appellate practice will have to opine as to what happens if a judgment gets enforced during appeal, and then the debtor wins the appeal. Does the State have to return what they enforced? Is the appeal dismissed as moot because the judgment has been paid? I don’t actually know the answer to that.
“He can’t appeal in state court without the bond, but he can in federal court.”
No, no, NO. You cannot appeal from state to federal court, except from the highest court of the State to the SCOTUS.
Never should have given that Barbara Walters interview years ago with him and Melania decked with “gold” in the room. Inflamed Jezebels everywhere.
And when he defeated the Queen of the Hypergamous Jezebels, they went full rabies.
They won’t stop the vengeance, until they have “full child custody”
To do, votes, phone-video recording, take it to the streets, anything that you can use in “divorce” court. Numbers, rally donations head count, the wallet
“Is Trump unable? Or unwilling?
You know once he posts that bond, he’ll never get it back.”
The fact that he can’t get the bond back, would put him in the unwilling category.... And would you blame him?
“Good grief. He has stated he’s a billionaire many times over. He can’t sell stock like we’d have to do?”
Yes he is a billionaire.
BUT the vast majority of his wealth is tied up in real estate not stocks/bonds.
you may be right, but it seems odd that someone wouldn’t be able to take a state to court for violating their constitutional rights.
Isn’t $454 million a bit high?
He’s not going to prison. He’s stated many times he has proof he is innocent. In fact, he wanted to release the info, but his lawyers said to wait until trial.
They can, but there’s a set process for that.
The argument to the supremes is that that catch 22 situation is itself against the 8th. Otherwise just law fare someone $1Quadrillion and require bond for the amount before honest appeal allowed. That much money doesn’t exist, therefore any miscarriage of justice stands if you just set the fine high enough. Which concept would certainly have been against the Bill of Rights.
bttt
“but it seems odd that someone wouldn’t be able to take a state to court for violating their constitutional rights.”
You CAN take a municipality to federal court for violating your civil rights. But losing a lawsuit isn’t a violation of constitutional rights per se. Now you can argue that the trial court did something wrong - unconstitutional even - but that has to be dealt with IN the appeals process. You can’t sue a court. You can’t sue a judge for doing judge-things, no matter how wrong they are.
so a court can just fine anyone and everyone 1 trillion dollars and since in NY you cant appeal without coming up with that much money. No one can appeal any ruling? how the hell is that constitutional? That is cruel and unusual punishment if I have ever seen it.
He can appeal, he just can’t stay enforcement of the judgment unless he posts a bond. That’s probably what’s going to happen here.
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