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

Posted on 3/20/24 at 3:48 pm to
Posted by Purplehaze
spring, tx
Member since Dec 2003
1799 posts
Posted on 3/20/24 at 3:48 pm to
If you can't pay the fine (judgement), don't commit the crime.
Posted by Chazreinhold
Utah
Member since Oct 2020
5765 posts
Posted on 3/20/24 at 3:49 pm to
quote:

If you can't pay the fine (judgement), don't commit the crime.


What was the Crime again?
Posted by VOR
Member since Apr 2009
63545 posts
Posted on 3/20/24 at 3:49 pm to
An appeal bond has nothing to do with bail. It also has nothing to do with the 8th Amendment.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 3/20/24 at 4:13 pm to
quote:

Not what I replied to (which was a post about criminal bail/bond).
We've had a couple of ?lawyers? incorrectly jabbing posters on the 8thA relating to criminal rather than civil law.

Issues of preverdict criminal penalties morph with similar problems in the civil system. They are birds-of-a-feather. The requirement for Trump to forfeit massive funds in this instance, when there is virtually no chance of the naked judge's rulings/assessments surviving appeal, is absurd.

One would surmise the refusal to grant a jury trial for such a massive fine would run afoul of the Constitution. The fine itself would seem to run afoul of the Constitution. Beriaesque AG pronouncements during her campaign seem similarly dubious Constitutionally.

Meanwhile, the potential for damage during this appeal reminds in some ways of Weissmann's Arthur Andersen case where, by the time SCOTUS got to gut Weissmann 9-0, AA was defunct, ruined and its 28,000 employees were screwed. Consequences for Weissmann? Nada. In fact, he was later lauded as a "pitbull" for that legal abortion. That is a shite system.
Posted by Champagne
Already Conquered USA.
Member since Oct 2007
48389 posts
Posted on 3/20/24 at 4:15 pm to
quote:

Because it is (D)ifferent. That's all you need to know. Keep asking questions and you will be arrested for something on J6.



This.

It is a clear message to any US citizen who dares to try to stop the Radical Left USA.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63053 posts
Posted on 3/20/24 at 4:28 pm to
SFP is not really the guy to dialogue with these days. Not that he's stupid, he's just a tired old shite poster that prefers to attack people/groups rather than attack or defend ideas or principles.

He's clearly very bored and is hardly a considerable contributor to this board anymore. We all grow out of our shite I guess.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 3/20/24 at 4:52 pm to
quote:

SFP is not really the guy to dialogue with these days.
SFP will always be someone I'll dialogue with.
He plays contrarian here to stir debate.
I don't really have that capacity on legal topics. Like most of us legal laypeople, I address issues making sense personally, or what IMO "should be," and bring what legal argument seems obvious in support.

In sciences, I'll sometimes work to expand understanding against board consensus.

Put another way, in competition or conflict, it's often not the approach you see that beats you. It's the one you don't see that gets you; aka "the Hun in the sun". SFP offers those alt POV's here. Perhaps the misservice is an inability to say, "Ah, that's a solid counter. Okay, you got me there." But unlike AggieHank who did the same thing and got torn up, SFP does well taking either side.
This post was edited on 3/20/24 at 5:20 pm
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63053 posts
Posted on 3/20/24 at 5:43 pm to
If you don't see SFP from a mile away, you aren't looking very hard.

You seem to play the acquiescent to his stubborn refusal to concede a point. I'll concede to a lot of people. He hasn't deserved that in probably 4 years.
Posted by Auburn1968
NYC
Member since Mar 2019
19535 posts
Posted on 3/20/24 at 5:47 pm to
There is a raft of laws that idiot commie judge and AG violated and they need to suffer the consequences.


quote:

18 U.S.C. § 241

Conspiracy Against Rights

Section 241 makes it unlawful for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States or because of his or her having exercised such a right.

Unlike most conspiracy statutes, §241 does not require, as an element, the commission of an overt act.

The offense is always a felony, even if the underlying conduct would not, on its own, establish a felony violation of another criminal civil rights statute. It is punishable by up to ten years imprisonment unless the government proves an aggravating factor (such as that the offense involved kidnapping aggravated sexual abuse, or resulted in death) in which case it may be punished by up to life imprisonment and, if death results, may be eligible for the death penalty.

Section 241 is used in Law Enforcement Misconduct and Hate Crime Prosecutions. It was historically used, before conspiracy-specific trafficking statutes were adopted, in Human Trafficking prosecutions.



MISCONDUCT BY LAW ENFORCEMENT & OTHER GOVERNMENT ACTORS


18 U.S.C. § 242

Deprivation of Rights Under Color of Law

This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. It is not necessary that the offense be motivated by racial bias or by any other animus.

Defendants act under color of law when they wield power vested by a government entity. Those prosecuted under the statute typically include police officers, sheriff’s deputies, and prison guards. However other government actors, such as judges, district attorneys, other public officials, and public school employees can also act under color of law and can be prosecuted under this statute.

Section 242 does not criminalize any particular type of abusive conduct. Instead, it incorporates by reference rights defined by the Constitution, federal statutes, and interpretive case law. Cases charged by federal prosecutors most often involve physical or sexual assaults. The Department has also prosecuted public officials for thefts, false arrests, evidence-planting, and failing to protect someone in custody from constitutional violations committed by others.

A violation of the statute is a misdemeanor, unless prosecutors prove one of the statutory aggravating factors such as a bodily injury, use of a dangerous weapon, kidnapping, aggravated sexual abuse, death resulting, or attempt to kill, in which case there are graduated penalties up to and including life in prison or death. If charged in conjunction with 18 U.S.C. § 250, as noted below, all sexual assaults under color of law are felonies.
This post was edited on 3/20/24 at 5:49 pm
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 3/20/24 at 6:04 pm to
quote:

If you don't see SFP from a mile away, you aren't looking very hard.
I've seen him from closer than that.

quote:

You seem to play the acquiescent


You've "literally" not read any of our exchanges.
Acquiescence is not my forte.
Posted by Bass Tiger
Member since Oct 2014
46150 posts
Posted on 3/20/24 at 6:08 pm to
It's Trump.

The constitution doesn't apply when the cultural Marxists are trying to save their Dimocrazy and the soul of the nation.
Posted by TDTOM
Member since Jan 2021
14575 posts
Posted on 3/20/24 at 7:14 pm to
quote:

NC_Tigah


Why did I always think you were a doctor?
Posted by Azkiger
Member since Nov 2016
21605 posts
Posted on 3/20/24 at 7:14 pm to
quote:

If you can't pay the fine (judgement), don't commit the crime.




Bookmarked.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 3/20/24 at 7:15 pm to
quote:

Why did I always think you were a doctor?


... perhaps because I am?
Posted by TDTOM
Member since Jan 2021
14575 posts
Posted on 3/20/24 at 7:17 pm to
Listen, Huxtable. Are you a doctor or a lawyer?
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 3/20/24 at 7:39 pm to
quote:

Are you a doctor?
yep

quote:

Are you a lawyer?
nope

and you?
Posted by Joseph Bockrath
Baton Rouge
Member since Dec 2011
236 posts
Posted on 3/20/24 at 8:35 pm to
quote:

Are there any lawyers on this board that aren't pompous douchebags besides Wednesday?


That disqualifies me but this thread has been a treat to read.
Posted by Jspaspa3303
Member since Jun 2020
2389 posts
Posted on 3/20/24 at 11:48 pm to
quote:

, but it does seem like 464 million is excessive bail for a civil suit.


Forgot a key component, with NO victim.
Posted by Fububutsy
Lake Charles, LA
Member since Jan 2007
3951 posts
Posted on 3/20/24 at 11:57 pm to
quote:

iBack8569


You’re a dumb bitch.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 3/21/24 at 5:04 am to
quote:

Going out on a limb, but I assume...
You know the old supervisor's saying ... when instead of knowing, you "assume," it usually makes an 'arse' of 'u' and 'me'?

In this instance, the word you should have used is assu.
This post was edited on 3/21/24 at 5:10 am
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