Former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday that Donald Trump’s civil fraud case in New York is “odd” due to the “extraordinary” punishment imposed by Judge Arthur Engoron. However, if Trump moves the case to the New York Court of Appeals, that amount might be reversed.
An argument from the former president based on the Eighth Amendment, which forbids “excessive fines,” would be difficult, Napolitano told “Newsline.”
“This is such a weird, odd case because the penalty is extraordinary,” remarked Napolitano. “The loss of $400 million, increasing daily by $100,000, for an uncommitted crime and unintentional injury.
“The executives of Deutsche Bank, the organization from whom he had borrowed money, testified that he had made all of his repayments on schedule and to the last penny. “By the way, Mr. President, if you want to get back in this business after you leave the White House, we’ll be happy to be your lender again,” the bank executive remarked, glancing at the former president.
Napolitano speculated that Trump would finally succeed in his pitch.
“Most judges would stop the running of the clock rather than send the defendant here, the former president, on a wild goose chase to raise $450 million in cash, or to get an insurance policy that will guarantee that payment secured by a billion in unsecured real estate,” stated Napolitano. “Even for someone with Trump’s personal wealth and financial resources, completing this in 30 days will be extremely challenging.
“My guess is he should ask the appellate court to give him more time to do this, and they will probably say yes.”
Napolitano stated that Engoron “was appealed six times — twice before the trial, four times during the trial — all six times he was reversed by the [state] appellate court.”