Will the 8th Amendment reduce Trump's $500,000,000 in "fines"? (Poll)

[Couchpotato]

Trump may have a Supreme Trump card to play. The 8th Amendment. How can he use it?

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Excessive Fines

www.law.cornell.edu

In 1998, however, the Court injected vitality into the strictures of the clause. “The touchstone of the constitutional inquiry under the Excessive Fines Clause is the principle of proportionality: The amount of the forfeiture must bear some relationship to the gravity of the offense that it is designed to punish.” 9 In United States v. Bajakajian,10 the government sought to require that a criminal defendant charged with violating federal reporting requirements regarding the transportation of more than $10,000 in currency out of the country forfeit the currency involved, which totaled $357,144. The Court held that the forfeiture11 in this particular case violated the Excessive Fines Cause because the amount forfeited was “grossly disproportionate to the gravity of defendant’s offense.” 12 In determining proportionality, the Court did not limit itself to a comparison of the fine amount to the proven offense, but it also considered the particular facts of the case, the character of the defendant, and the harm caused by the offense

Does the Eighth Amendment only apply to the Federal Government, or does it protect all citizens?

I doubt it ever comes to that. I think much of this gets over turned on appeal.

 

[Dadoalex]

The findings are wrong. The findings are the crime.
Confiscation by the government is what the 8th Amendment is supposed to protect us from.

I missed it.
What day were you appointed to NY Supreme Court?

DB admitted on the stand they lost over 100M dollars because of Trump's fraud.
City and State of NY lost millions to Trump's fraud.

Findings are
TrumpCo committed fraud
TrumpCo refused to accept responsibility
Penalties based on fraud amount and punitive aspect $350M
Current amount with interest $450M

Let us know when you release your next legal text.

 

[The Duke]

A court of law.

A corrupt court of law.

 

[Dadoalex]

I doubt it ever comes to that. I think much of this gets over turned on appeal.

Some, maybe.
To shut up the MAGATS
But to allow this to pass is to say Fraud is OK, Trump did it.
And that becomes the defense in every court in the country.

 

[Dadoalex]

A corrupt court of law.

Sorry. Cannon is busy being corrupt in Florida.

 

[IDIOCRACY]

Trump may have a Supreme Trump card to play. The 8th Amendment. How can he use it?

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Excessive Fines

www.law.cornell.edu

In 1998, however, the Court injected vitality into the strictures of the clause. “The touchstone of the constitutional inquiry under the Excessive Fines Clause is the principle of proportionality: The amount of the forfeiture must bear some relationship to the gravity of the offense that it is designed to punish.” 9 In United States v. Bajakajian,10 the government sought to require that a criminal defendant charged with violating federal reporting requirements regarding the transportation of more than $10,000 in currency out of the country forfeit the currency involved, which totaled $357,144. The Court held that the forfeiture11 in this particular case violated the Excessive Fines Cause because the amount forfeited was “grossly disproportionate to the gravity of defendant’s offense.” 12 In determining proportionality, the Court did not limit itself to a comparison of the fine amount to the proven offense, but it also considered the particular facts of the case, the character of the defendant, and the harm caused by the offense

Does the Eighth Amendment only apply to the Federal Government, or does it protect all citizens?

Gets you a trophy for sure. Trump has all kinds of things at his disposal. That's what happens when you deal with rabid vampires who make shit up to weaponize the justice department against their political foes. It comes naturally.

With these vampires, the weaponization will continue until even after Trump's death. The left have clearly made a statement, the first of which was many years ago.

 

[BluesLegend]

SCOTUS doesn't have a say in State court judgements. The last stop for an appeal of the New York verdict is the New York Supreme Court.

LMAO in what country fool? ^^^ got his law degree mail order

 

[BluesLegend]

Some of these posters are too dumb even to be a Dem

 

[Dadoalex]

1. What big crimes? Saying your property is worth what the asking price is is done every day. You do NOT have to sell your property at the price the government says. Is MAL worth $18m? Judge Engeron is not a licensed appraiser.

2. I hope Elon loans the $500m to him out of his petty cash drawer.

1. Several hundred million in fraud and beating on the Judge isn't winning points. Maybe if Trump could learn that lesson he'd bbe out $200M rather than $450M

2. Cool. The US would collect $40M and CA several million in income taxes and Elmo will, once again, demonstrate his lack of business acumen when Trump skips on him.

 

[Lastamender]

SCOTUS doesn't have a say in State court judgements. The last stop for an appeal of the New York verdict is the New York Supreme Court.

When they violate the Constitution they sure as Hell do.

 

[Lastamender]

Some of these posters are too dumb even to be a Dem

Impossible.

 

[Rawley]

SCOTUS doesn't have a say in State court judgements. The last stop for an appeal of the New York verdict is the New York Supreme Court.

You might want to have someone check your math.

 

[The Duke]

THAT is a lie.
DB was defrauded out of more than 100M
The state of NY was defrauded out of several million.

No DB was not defrauded, and whatever the state claims it was defrauded out of, has been paid exponentially

over the years by Trump in taxes and licenses and income taxes of his employees.

Leftists are fucking retards. They'll find out if/when Trump and others like him cut and run from their corrupt

government. There won't be much left, I'll tell you that.

 

[Rawley]

When you're able to read well enough to understand an argument let us know.
Then maybe a cogent argument will escape your empty bell like cranium.
I've heard from many MAGATS theat eatijngcrap is good for your cough.

Have a blessed life

 

[John Edgar Slow Horses]

"Rawley does not understand"A fine of $350M when the are no victims, no damages? The very definition of excessive.

The truth is never an ad hom. You don't understand the ruling, and I doubt you have read it. It has been explained to you and willfully you reply "nuh uh." You judge yourself correctly.

 

[John Edgar Slow Horses]

The findings are wrong. The findings are the crime.
Confiscation by the government is what the 8th Amendment is supposed to protect us from.

Oh, stop the caterwauling You don't grasp the ruling, and whether you agree or not, it will stand.

 

[Rawley]

The truth is never an ad hom. You don't understand the ruling, and I doubt you have read it. It has been explained to you and willfully you reply "nuh uh." You judge yourself correctly.

QED

Have a blessed day

 

[John Edgar Slow Horses]

Yes, it was demonstrated fully to you.


And to you.

 

[Couchpotato]

Some, maybe.
To shut up the MAGATS
But to allow this to pass is to say Fraud is OK, Trump did it.
And that becomes the defense in every court in the country.

The biggest problem is how is what Trump did really any different than all the other real estate people? To be fair I don't move in those circles so maybe it's wildly different, but it would seem there are quite a few people who do that say what Trump did isn't really any different than what goes on every day in that world, and I haven't heard (doesn't mean they don't exist) people from that industry that are saying different. The bank that this supposedly defrauded said it would gladly do business with him again. Clearly, they don't think what he did was different than the other real estate people they deal with.

Do you think this case is ever brought against Trump if he hadn't been President and running again?

 

[Rawley]

The biggest problem is how is what Trump did really any different than all the other real estate people? To be fair I don't move in those circles so maybe it's wildly different, but it would seem there are quite a few people who do that say what Trump did isn't really any different than what goes on every day in that world, and I haven't heard (doesn't mean they don't exist) people from that industry that are saying different. The bank that this supposedly defrauded said it would gladly do business with him again. Clearly, they don't think what he did was different than the other real estate people they deal with.

Do you think this case is ever brought against Trump if he hadn't been President and running again?

Does the fact that they allege that Trump has been committing this "fraud" continuously since 2011 give you a hint?