re: How does Trump’s half billon dollar bond in NY not violate the 8th amendment?

Nice alt

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what is the purpose of bail??

do you think Trump is a "flight risk?"

or that he would '"go into hiding?"

really?????

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You are thinking in terms of a criminal case which this is not. The 8th Amendment is related to criminal bail. This is as different as oranges and giraffes.

The purpose of an appeal bond aka supersedeas bond is to stay the judgement during appeal whereby the surety insurer issues a guarantee, on behalf of the appellant, to the appellee that, if the judgment is affirmed, the surety will pay the appellee if the appellant is unable to do so. The bond generally not only covers the underlying judgment but interest during the appeal. It is important to note not putting up a supersedeas bond does not prevent the right to appeal (which would be unconstitutional) it only prevents the appellee from executing the judgment in the meantime and makes sure the appellant will pay in the event the appellee ultimately wins.

The real argument here is that the award is too high. There is nothing unusual about an appeal bond and it is SOP in many jurisdictions. Trump's inability to obtain an appeal bond is also not political. In almost every case appeal bonds must be fully collateralized and property is very rarely taken. It is possible for large corporations to obtain them without full collateralization but anything over $100 million runs afoul of every bonding institution's internal "rules" I have ever dealt with on behalf of my clients. These institutions are very unlikely to enter into some sort of consortium as well.


This all goes back to him hiring Habba to handle this case. Seasoned attorneys who have dealt with the NY Executive Law would not have allowed the situation to disintegrate to the point of a ruling prior to trial. His DEI (delectable, enticing, and irresistible) hire sunk him before he got out of the gates. Sometimes you just can't fake smart well enough.

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Given a premise of innocent until proven guilty, there is zero logical basis for bail, asset forfeiture, or supersedeas bonds,

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Outside of conflating criminal and civil procedure in much of your example, the major difference with an appeal bond is that it is post-judgment aka the word appeal. Appeal bonds are a vital way to get an appellee paid. Bond underwriters are so wary of writing them because of the high rate of default. Nobody goes to jail if the appellant loses and doesn't pay.

The argument here is the ruling was wrong or the fine is too high everything else is noise.

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conflating criminal and civil procedure

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No conflation of procedure whatsoever.
Procedures were not addressed.
Associated assessments were.

So once again, if an individual destined to be found innocent on appeal has to seek supersedeas bond funding, they are facing 10-15% forfeiture of the total plaintiff financial award as a cost for an incorrect court finding and requisite appeal.

In Trump's case, his out-of-pocket price would run $45M to $65M.

That is complete blithering bullshite.

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The 8th Amendment is related to criminal bail.

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and FTR the 8thA relates to bail, fines, and punishments. Period.

There is zero specification as to civil vs criminal or exclusivity of either. In fact, the preceding 7thA, to which the 8th reads as a continuum, specifically addresses "suits at common law."

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Going out on a limb

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Out on a limb in a tall tree ... and it just snapped

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everyone here is retarded and doesn’t know the law.

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oh my. You think you have a handle on the law?

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It's not excessive, if you're the most richest billionaire ever ever that ever lived. All relative...

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Equal application of the law? You dumb idiot. Why don’t you lie to us again and tell us you watched Trump tell you to drink bleach, you lying hack.

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What makes you think it's excessive, or that bail is the same as a bond?

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Lulz

Proving yet again that most libtards arent very smart

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When a person is booked into jail, he or she has to go before the judge who then decides the terms and conditions of that particular person's bail order. In case of a person who can be released from jail, a bond order has to be granted by the judge. There are two types of bonds - secured and unsecured. A secured bond means that you actually pay money or bail property to secure your release.

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