Trump Takes on NYC Judge Appealing Civil Court Fine

By 

Jordan Sekulow

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February 26

4 min read

News

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President Donald Trump has appealed the outrageous ruling in his New York civil fraud case. He had asked the judge for a delay in paying the $355 million fine but was denied; the state’s appeals court will now determine the President’s fate. All of this is going on while Truckers for Trump are planning a boycott of NYC to protest the judge’s ruling.

The Hill reports on President Trump’s appeal:

Trump’s appeal was expected because he and his lawyers have attacked the judge’s ruling as politically motivated and a “manifest injustice” for days. Trump has denied any wrongdoing.

“We trust that the Appellate Division will overturn this egregious fine and take the necessary steps to restore the public faith in New York’s legal system,” Trump attorney Alina Habba said in a statement.

With Trump’s notice of appeal formally filed, the case will head to the First Judicial Department Appellate Division, where the former president will seek to get the nine-figure fine and the other penalties tossed.

Trump’s method of securing loans from a bank was no different than what any other corporation/ individual does. Valuing assets is a negotiation tactic between a bank and whoever is requesting a loan. That Trump has been ordered to pay such a massive fine is absurd and shows that the DOJ is treating him differently than anyone else.

To fight against paying this fine, President Trump could invoke the Eighth Amendment: “Excessive bail should not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

ACLJ Senior Counsel and Director of Policy Harry Hutchison explained how the fine could violate the Eighth Amendment:

So in politics, we should never assume that because something is insane, it will not be done. Equally plain in our highly politicized judicial system, we should never presume that because something is idiotic, it will not be done. And so if you look at Judge Engoron’s ruling on February 16 in a New York civil fraud case, a case without any victims and without any fraud, you could argue that the ruling was, at a minimum, insane. However, it’s important to keep in mind that there is something called the Eighth Amendment, which constitutes a limitation on the power of the state to impose penalties that are ungrounded in rational analysis. . . . You could argue that the penalties imposed by New York are excessive.

I also want to give an update on the latest cases involving Trump at the U.S. Supreme Court. We are expecting a ruling on our fight to defend your right to vote for the candidate of your choice at any time.

If the case were unanimous, we likely would have had an opinion issued by now. A Justice could be writing a concurrent or a dissent, which takes time. All this to say, the decision could still be unanimous.

We definitely expect a ruling before Super Tuesday because most of the country will be voting in the primary. After the GOP primary results in South Carolina, President Trump appears poised to secure the nomination in the 2024 presidential election.

But the lack of movement involving President Trump’s appeal to the Supreme Court over presidential immunity is a bit odd. By now, we would have expected to hear some kind of reaction from the Justices – either a grant or a denial of a stay. We could be looking at a dissent from the denial and the Justices turned it into a cert petition and are drafting a question.

As you know, the ACLJ is representing several of the families of the Israeli hostages. News of a possible ceasefire is circulating. ACLJ Senior Counsel CeCe Heil gave further details:

I think it’s similar to the past ceasefire but just more detailed, and basically, they’re going to release hostages, but of course, they’re only going to release about 35 hostages for several hundred Palestinian hostages. So 35 of the Israeli hostages would be released. And again, that would be women, children, the elderly, and anyone who has a medical condition right now, and for every hostage who’s going to be released, they would get a day of reprieve. So that’s about a six-week reprieve. And I think they’re really trying to push this because . . . they’re trying to get a ceasefire before Ramadan starts [in March].

We remain committed to bringing the rest of the hostages home. Sign our petition to show your support for those still trapped in Gaza.

Today’s Sekulow broadcast included a full analysis of the ongoing lawfare against President Trump. We analyzed the President’s next possible steps in New York and whether he could invoke the Eighth Amendment.

Watch the full broadcast below: