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

quote:

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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.