OPINION:
In “James and Engoron want to get Trump, justice be damned” (web, Feb. 28), Delroy Murdock does a persuasive number on New York Attorney General Letitia James’ civil fraud action against former President Donald Trump. However, he doesn’t address the $355 million-plus bond required by New York law to stay enforcement of the fine during the appeal.
This action reeks of due process denied. Mr. Trump had no right to a jury. Judge Engoron decided without trial that Mr. Trump had committed fraud, ignoring a value disclaimer in the Trump disclosures. Nobody had ever been indicted for fraud on facts similar to those in the Trump case. There was no evidence of actual fraud, no victim and no damages. In the absence of damages, the judge plucked the $355 million fine out of thin air and imposed business restrictions on the Trump family that make it difficult and expensive for them to raise cash for an appeal bond.
An appeal bond is required to assure that there will be defendant funds available to pay a damage award. Here, there is no damage and no damage award, just an arbitrary, outrageous fine that would benefit nobody but the due-process-denying state of New York. It will almost certainly be reduced on appeal even if the fraud verdict is upheld.
If he’s required to post bond, Mr. Trump will suffer irreparable harm, the cost of an appeal bond and disruption of his business. He has a strong likelihood of prevailing on appeal, either in whole or in a drastic reduction of the fine. His immense wealth assures he could pay any fine upheld on appeal. Likely success on the merits, denial of constitutional rights and irreparable harm are grounds to permit an appeal without bond and to enjoin asset seizure during the appeal.
If New York courts don’t grant this relief, the Supreme Court should step in.
JIM DUEHOLM
Washington
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