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Posted on 3/20/24 at 9:36 am to Revelator
Because the judgment in question does not violate the mandate of the 8th Amendment.
It is not unprecedented for a judgment debtor to be financially unable to post bond.
It is not unprecedented for a judgment debtor to be financially unable to post bond.
Posted on 3/20/24 at 9:42 am to TDTOM
quote:
Shouldn't it be based on damages and not net worth?
Hence the problem.
And leftists and our resident ambulance chasers can also answer…… What actual damages?? Actual harmed party damages? Someone who has been actually defrauded. What are they?
Posted on 3/20/24 at 10:22 am to SlowFlowPro
quote:
You do know that this wasn't a criminal process, right?
There was no booking, arrest, or bail.
Then why does he even have a bond> And what is the intention of said bond?
He has a bond because he was found guilty. He cant even appeal that, until he posts this excessive bond amount. This situation is line for line the reason we have the 8th amendment, criminal or civil
Youll get there eventually. If not, learn to code
Posted on 3/20/24 at 10:24 am to RobbBobb
quote:
Then why does he even have a bond>
It's an appeal bond, genius.
quote:
And what is the intention of said bond?
Posting security if you request the suspension of a judgment pending appeal.
here is the federal rule
quote:
In a civil case, the district court may require an appellant to file a bond or provide other security in any form and amount necessary to ensure payment of costs on appeal. Rule 8(b) applies to a surety on a bond given under this rule.
Here is the LA law
quote:
E. A suspensive appeal bond shall provide, in substance, that it is furnished as security that the appellant will prosecute his appeal, that any judgment against him will be paid or satisfied from the proceeds of the sale of his property, or that otherwise the surety is liable for the amount of the judgment.
I believe every jurisdiction in the US has similar bonds for suspensive appeals.
quote:
He has a bond because he was found guilty.
Wrong
quote:
He cant even appeal that
Wrong
quote:
until he posts this excessive bond amount.
Wrong
Posted on 3/20/24 at 10:39 am to SlowFlowPro
quote:
Posting security if you request the suspension of a judgment pending appeal.
And if you cant post the bond, isnt that the very definition of 'excessive fine'? Its not like the founding fathers were idiots. They know govts would begin using this as a tactic at some point
Youll get there eventually
Posted on 3/20/24 at 11:09 am to LSUbest
Communistic!
Posted on 3/20/24 at 11:45 am to RobbBobb
quote:
And if you cant post the bond, isnt that the very definition of 'excessive fine'?
That is the judgment itself, and that's what's being appealed.
quote:
Its not like the founding fathers were idiots. They know govts would begin using this as a tactic at some point
The founders would not have had a problem with this. Their interpretation of the 8th Amendment was that it only applied to the federal government and did not apply to state action.
I think the excessive fines portion of the 8A may not have been incorporated to the states until 2019.
Posted on 3/20/24 at 12:54 pm to SlowFlowPro
quote:
That is the judgment itself, and that's what's being appealed.
But he cant get an appeal, until he pays up
Oh sure, he can still appeal, but his assets will be sold (at their intentionally devalued price). He essentially loses, even if he wins the appeal. All because he cant afford the bond that was excessively applied
If he wins the case, he still loses the current value of his assets. The state only has to return his fine, plus maybe costs. But he'll have to sue for the lost assets. Which was forced, only because of the excessive bond. 8th amendment
You'll get there eventually, with help from this reminder. The OP is entitled:
quote:
How does Trump’s half billion dollar bond in NY not violate the 8th amendment?
Posted on 3/20/24 at 1:02 pm to SlowFlowPro
quote:There were excessive fines imposed.
There was no booking, arrest, or bail.
Posted on 3/20/24 at 1:14 pm to NC_Tigah
Fines were not excessive for his fraud.
Posted on 3/20/24 at 1:18 pm to SlowFlowPro
quote:
The founders would not have had a problem with this.
quote:
I think the excessive fines portion of the 8A may not have been incorporated to the states until 2019.
So it applies ….
Posted on 3/20/24 at 2:32 pm to momentoftruth87
quote:
So it applies ….
Via the 14th Amendment
Posted on 3/20/24 at 2:33 pm to NC_Tigah
quote:
There were excessive fines imposed.
Not what I replied to (which was a post about criminal bail/bond).
Posted on 3/20/24 at 2:35 pm to OneAboveAll
quote:
Fines were not excessive for his fraud.
No reasonable person believes this.
Posted on 3/20/24 at 3:21 pm to iBack8569
quote:
Going out on a limb, but I assume it's because he is worth north of $2.6 billion. In his case it wouldn't really be excessive because he can comfortably pay it.
This is how you identify idiots with sociology degrees!
Posted on 3/20/24 at 3:42 pm to iBack8569
quote:
Going out on a limb, but I assume it's because he is worth north of $2.6 billion. In his case it wouldn't really be excessive because he can comfortably pay it.
This dumbass here thinks wealthy people just has hundreds of millions of dollars sitting in the bank.
That's why you're poor. Because you'd let 500 mil sit in the bank when you could (should) have it invested or wrapped up in a business/property.
Posted on 3/20/24 at 3:44 pm to Revelator
The leftist in this thread cheering on this excessive judgement are the same people who cry about needing bail reform.
Their hypocrisy and shamelessness is unlimited
Their hypocrisy and shamelessness is unlimited
Posted on 3/20/24 at 3:48 pm to Revelator
A half a billon today is like a couple grand when the constitution was written. Inflation and stuff.
- Some Democrat -
- Some Democrat -
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