Former President Donald Trump is facing a deadline to pay over $464 million in fines levied against him in a New York civil fraud case.
Trump argued the fine violates the Eighth Amendment’s prohibition against excessive fines and denies him due process.
“Judge Engoron actually wants me to put up Hundreds of Millions of Dollars for the Right to Appeal his ridiculous decision. In other words, he is trying to take my Appellate Rights away from me,” Trump wrote.
“I would be forced to mortgage or sell Great Assets, perhaps at Fire Sale prices, and if and when I win the Appeal, they would be gone,” he added.
Legal experts Alan Dershowitz and Andrew Cherkasky agreed the fine is disproportionately large and could deny Trump’s right to appeal.
Dershowitz said no victims existed as all loans were repaid. Cherkasky cited the Eighth Amendment as a potential path for Trump to challenge the fines through federal courts and potentially the Supreme Court.
“The amount is extremely excessive. It violates the cruel and unusual punishment of the Constitution that include excessive fines as being prohibited there was no damage done here. The judge just made up this figure,” Dershowitz said.
“You can’t deny somebody the right to appeal based on lack of funds. That’s a violation of equal protection, and a violation of due process,” Dershowitz added.
The Eighth Amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
“I would not count Trump out yet,” former federal prosecutor Andrew Cherkasky wrote.
“If James actually does try to foreclose on some of his properties, I think he still has paths to move forward through federal court, ultimately to the Supreme Court to complain about Eighth Amendment violations,” Cherkasky said.
“It does seem very unusual to have to essentially disgorge yourself of everything that you’re still fighting for through the appellate channel,” Cherkasky said.
Trump’s lawyers also criticized the case as politically motivated, noting New York Attorney General Letitia James campaigned on suing Trump.
“I look forward to going to the office of Attorney General, every day suing him,” James previously said.
“To my mind, it is unlikely that Trump’s appeal will result in a clean win for either side,” former federal prosecutor Andrew McCarthy wrote.
“I anticipate that he will get material relief in terms of the dollar amount, but I wouldn’t hold my breath on the rest of the penalties. And those penalties matter, a lot,” he added.
Trump’s attorneys intend to fully appeal and argue no facts support the decisions against their client in what was an 11-week trial.
“I’ve been on this case for the better of three years, and I can tell you right now there are truly no facts that support any of these decisions, and that, again, I can say will be made very clear in our appeal,” attorney Alina Habba said.
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