N.Y. Appeals Court Voids Fine, Upholds Judgement Against Trump
Although the court upheld Justice Engoron’s judgement, it found the $500 million penalty imposed “excessive” under the Eighth Amendment.
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On Aug. 21, a five-judge panel for the Supreme Court of the State of New York, Appellate Division, First Judicial Department issued a divided ruling in the civil case of People of the State of New York v. Donald J. Trump et al. The court upheld New York Supreme Court Justice Arthur Engoron’s judgement against President Trump, his son Eric Trump, Allen Weisselberg, and others for violating Executive Law § 63(12)—a civil fraud statute—on multiple occasions by "repeatedly submitting deceptive business records to banks, insurance companies, and the New York City Parks Department.”
The appellate panel, however, overturned the penalty Engoron imposed against Trump and his codefendants in the civil fraud case—a nearly $500 million fine to be paid to the State of New York. Writing for the court, Peter H. Moulton—joined by Presiding Justice Dianne T. Renwick—found that the lower court’s penalty “is an excessive fine that violates the Eighth Amendment of the United States Constitution.”
The remaining judges on the appellate panel were divided in their interpretation of the civil fraud judgment and the penalty’s legality. Justice David Friedman, for example, argued that New York Attorney General Letitia James had no authority to bring the case against Trump and his codefendants and “would dismiss the complaint outright.” Justice John R. Higgit, in turn, found that while James did have the authority to bring the civil case, errors made by the Supreme Court “require a new trial limited to only some of the transactions in question.” And in a footnote on page 142 of the judgement, Higgit—joined by Justice Llinét M. Rosado—explained that
with great reluctance and with acknowledgement of the incongruity of the act, [we] join the decretal modifying the judgment to the extent of vacating the disgorgement and sanctions awards. Under the truly extraordinary circumstances here, where none of the writings enjoys the support of a majority, we are moved to take this action to permit this panel to arrive at a decision and to permit the parties and the Court to avoid the necessity of reargument.
In response to the judgement, President Trump posted on Truth Social, “TOTAL VICTORY in the FAKE New York State Attorney General Letitia James Case! I greatly respect the fact that the Court had the Courage to throw out this unlawful and disgraceful Decision that was hurting Business all throughout New York State.”
Read the ruling here or below:
