In big news that broke in the late morning on Thursday, August 21, the New York Appellate Division overturned the penalty levied on President Trump, ruling that the massive disgorgement, which totalled over $500 million once interest was added on, was unconstitutional because it was an excessive fine that violates the Eighth Amendment.
As background, the fine against the president and his organization originally faced, after sentencing, a $489 million fine. Once the penalties and interest on the fine are added up, along with the penalties levied on other Trump Organization executives, such as Trump’s sons Eric and Donald Jr., and the interest on those fines, now exceeds $527 million,
At issue in the case was New York Attorney General Letitia James’s contention that he overstated his assets when requesting a real estate loan, a loan he paid back in full, and so was guilty of fraud needing to be punished. She won the contentious court case and got the massive fraud penalty levied on the president and his sons.
The New York Appellate Division disagreed, however, with the massive fine that was levied on the president, finding that it was unconstitutional because it was so excessive. In fact, one appeals judge reportedly called it “an excessive fine that violates the 8th Amendment of the United States Constitution.”
For reference, the Eighth Amendment provides, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” While the “cruel and unusual punishments” section is what most know about the amendment due to it routinely coming up regarding capital punishment, the “excessive fines” section is just as relevant, given the massive number of fines Americans can face and the potential for abuse. Here, it is what saved the president from paying out over half a billion dollars.
However, the appellate court panel did not completely rule for President Trump. While it tossed out the excessive fine, the panel still upheld the findings that the president and his Trump Organization was liable, affirmed that NY AG James was acting within the bounds of her authority, and that injunctive relief was appropriate here.
President Trump, however, quickly took to Truth Social to celebrate. He said, “TOTAL VICTORY in the FAKE New York State Attorney General Letitia James Case! I greatly respect the fact that the Court had the Courage to throw out this unlawful and disgraceful Decision that was hurting Business all throughout New York State. Others were afraid to do business there. The amount, including Interest and Penalties, was over $550 Million Dollars.”
"*" indicates required fields
Continuing, he said, “It was a Political Witch Hunt, in a business sense, the likes of which no one has ever seen before. This was a Case of Election Interference by the City and State trying to show, illegally, that I did things that were wrong when, in fact, everything I did was absolutely CORRECT and, even, PERFECT. Every single Dollar was thrown out, even the penalties imposed on us by the Corrupt Judge, one of the most overturned in History, Arthur Engoron. I wasn’t given a Jury and, during the course of the Trial, which lasted a long time, was not given one Ruling in my favor by this Political Hack, but worse than him, if that’s possible, was Letitia James, a Corrupt and Incompetent Attorney General who only brought this Case in order to hurt me politically. She is a Trump Deranged Lunatic!”
Then, commenting on the other ridiculous aspects of the case, the president said, “They made me bond the outrageous sum, which never happened before, and which cost me Millions of Dollars a month. It should have never been allowed to happen, and everyone knew it! Importantly, the Vote was 5 to 0.”
Commenting on the injustice of the case and the judge involved, the president then wrote, “I am so honored by Justice David Friedman’s great words of wisdom, which should be read by everyone. I would also like to thank the Court for having the Courage to make this Decision, which is already going down as one of the worst business persecutions in the History of our Country. Sadly, there are other Cases against me that are equally disgraceful, including those headed up by Corrupt Judges, like Juan Merchan, whose daughter collected Millions of Dollars in Fees from Crooked Joe Biden and Kamala Harris, while her father shockingly REFUSED TO RECUSE himself from a vicious and corrupt trial, which is also under Appeal, one in which every Legal Pundit in New York said, “THERE WAS NO CASE!” — Even Editorial Boards said, “DO NOT DO THIS!” Judge Merchan gave me an unprecedented Gag Order, not letting me talk about him or his daughter, or the fact that the Appellate Judges thought he should not be doing the Case, but he did it anyway. Many Lawyers said that his daughter and him created the Greatest Conflict of Interest they had ever seen.”
Concluding, he said, “Judge Lewis Kaplan, the other remaining Case, whose wife, family, and friends attended his two trials, is as mean and nasty as anyone I have ever met. That Case, also on Appeal, should also never have been brought, and he should be admonished for Abuse, and every other thing that can be thrown at a Corrupt Judge. He loved the publicity, and would not let us present the irrefutable evidence that we wanted to present. This Clinton appointed Judge should not be allowed to get away with this SCAM….”