During her campaign to be the next Attorney General for New York State, Letitia James repeatedly promised her rabid supporters that she would target President Donald J. Trump if elected.
Following James’s victory, she followed through with her promise by bringing bogus charges against Trump, accusing him of overinflating the values of his properties on various loan applications.
In what has many legal scholars scratching their heads about her decision, James was seeking to punish Trump even though there was no financial victim in the end, as all of the loans were paid in full.
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Even though the US Constitution’s Eighth Amendment prohibits excessive fines, James’ office argued the state’s case in front of an equally anti-Trump judge, leading to a massive $464 million judgment.
The Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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On Thursday President Trump’s legal team fought back against James as she took the initial steps to seize Trump’s assets after he was unable to secure a bond to appeal the massive judgment in the NYC fraud case.
James filed judgments in Westchester County where Trump’s private estate and golf course is located.
President Trump has four days to either pay the judgment or convince the appellate court to allow him to defer the payment pending appeal.
On Thursday Trump’s attorneys sent a letter to the Appellate Division of New York’s Supreme Court and asserted Letitia James’ actions are “unconstitutional.”
“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,” Trump’s attorney Cliff Robert wrote.
Trump’s attorney also said Letitia James’ demand that Trump pay the judgment in full in order to appeal is “unreasonable, unjust, and unconstitutional (under both the Federal and New York State Constitutions) bond condition, which would cause irreparable harm and foreclose any review of Supreme Court’s deeply flawed decision in this case.”
Fox News reported:
Lawyers for former President Trump are blasting New York Attorney General Letitia James’ “unconstitutional” attempts to block the GOP presumptive nominee’s appeal and force a property sale as the deadline for him to post hundreds of millions of dollars of bond in the case looms.
Trump and his legal team have appealed and requested a stay on his $464 million civil fraud judgment. On Monday, his lawyers said that “ongoing diligent efforts have proven that a bond in the judgment’s full amount is a ‘practical impossibility,’” amid attempts to approach about 30 surety companies.
The lawyers said the “enormous magnitude” of the bond requirement, which effectively requires cash reserves approaching $1 billion, is “unprecedented for a private company.”
The George Soros-backed anti-Trump AGJames pushed back, calling Trump’s request for a stay “extraordinary” and “improper.” James has said that Trump should be able to secure the entire value via multiple sureties or offer his real estate holdings as collateral.
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