Former President Donald Trump is facing legal challenges as he seeks to appeal a civil fraud judgment against him in New York. Legal experts are weighing in on Trump’s options after his attorneys stated that securing a $464 million appeal bond is a “practical impossibility.” The judgment, brought by New York State Attorney General Letitia James, accuses Trump of inflating his assets and committing fraud in financial documents.
David Gelman, a criminal defense attorney, argued that the judge should give Trump more leeway in satisfying the bond, as even the richest individuals do not have that amount of money readily available. Gelman called the judgment a “unicorn” and emphasized the unprecedented nature of such a large judgment in the history of New York.
A New York Appeals Court judge previously ruled that Trump must post a bond for the full amount of the judgment and appointed an independent director of compliance. The judge also allowed Trump and his sons to continue running their business during the appeals process.
Trump now has three options, according to Gelman. He can choose not to appeal, ask the court to allow Attorney General James to use his property as collateral, or take the case to a federal court and argue that the New York law is unconstitutional. Gelman believes that courts typically do not deny bonds when there are alternative ways to pay, and given the unprecedented nature of the judgment, it is likely that the court would allow Trump to use other collateral to satisfy the bond.
Former federal prosecutor Andrew Cherkasky expressed confidence that Trump still has paths to move forward, even if the court denies his appeal. Cherkasky suggested that Trump could take the case to federal court and ultimately to the Supreme Court, arguing that the fines imposed on Trump are excessive and violate the Eighth Amendment, which prohibits cruel and unusual punishment.
Trump’s attorney, Alina Habba, expressed confidence that the debt would be dismissed, citing witness testimonies that stated Trump did nothing wrong. Trump himself criticized the bond set by Judge Engoron, calling it unconstitutional and practically impossible for any company to fulfill.
As the legal battle continues, it remains to be seen how Trump will navigate these challenges and whether he will be successful in overturning the judgment against him.
