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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSo trump wins partial appeal that he only has to pay 175 million, and has more time to pay it.
10 more days.
more bending over backwards for the insurrectionists.
per CNN
MineralMan
(146,317 posts)Or are you just speculating?
JohnSJ
(92,217 posts)TV.
Hugin
(33,159 posts)Which unlike TSFs criminal trials seem to go through at the speed of light.
FoxNewsSucks
(10,434 posts)links and print media no doubt will follow
orleans
(34,056 posts)Mossfern
(2,513 posts)iluvtennis
(19,862 posts)onenote
(42,714 posts)For example, the maximum is $50 million no matter what the size of the judgment. While New York hasn't set a statutory cap, it gives judges discretion to set the required bond at a level than 100 percent of the judgment. I don't have any data, but it wouldn't surprise me if judges in New York frequently set bond levels below the 100 percent level in cases where the amount of the judgment exceeds $100 million.
onenote
(42,714 posts)I know folks are upset about this, but it isn't particularly surprising. It is not uncommon for a court to reduce the amount of the bond required in the case of a sizable judgment. This is the case both when the defendant is an "ordinary" person with limited assets and when the defendant has considerable assets but the judgment is unusually large.
Yavin4
(35,441 posts)Our courts protect rich people.
MOMFUDSKI
(5,556 posts)There are people with unquestionable power ruling over all of us.
Bernardo de La Paz
(49,002 posts)JohnSJ
(92,217 posts)he has 10 more days to get the money
From 464 million to 175 million is a big deal.
Bernardo de La Paz
(49,002 posts)He is not paying a fine of $175 million.
He is putting down a deposit to enable the appeal to go forward. The full amount is due if the appeal fails.
JohnSJ
(92,217 posts)with that amount, plus in the meantime the appeal goes forward which will delay things, I am pretty sure that is considered a win by the trump team.
and that is what CNN was reporting. I didn't make anything up
Bernardo de La Paz
(49,002 posts)mchill
(1,018 posts)Im on msnbc and the host was reading and not interpreting. Thats what I thought I heard.
JohnSJ
(92,217 posts)were told your bond was reducted from 475 million to 175 million, plus 10 more days to come up with the money, what would you call it?
Bernardo de La Paz
(49,002 posts)Basic LA
(2,047 posts)It's an outrage. So much winning for this schmuck.
JohnSJ
(92,217 posts)come up with the money, probably through the RNC, and a delay while he appeals the case.
Ocelot II
(115,732 posts)whether or not he can obtain an appeal bond within the next 10 days. If he does, the state is assured of being able to collect that amount if (when) he loses his appeal, without having to resort to the complex and slow processes involved in seizing assets to collect at least that amount, and it will still be able to proceed with that process as to the rest of it. If he can't get a bond the situation will be exactly as it was before the temporary stay was granted, and the interest on the judgment will continue to accrue at the rate of $111,000 per day. I can't figure out for the life of me figure out why people are freaking out over this. Trump didn't win a damn thing regarding the ultimate likely outcome of the case.
JohnSJ
(92,217 posts)LiberalFighter
(50,943 posts)Ocelot II
(115,732 posts)LiberalFighter
(50,943 posts)Ocelot II
(115,732 posts)I want to read the reasons they did it before I have hissy fits about it, but FFS we don't impeach judges for handing down rulings we don't like. BTW, Trump is still on the hook for the entire judgment.
LiberalFighter
(50,943 posts)Why should he be treated better than others?
onenote
(42,714 posts)You seem to think they don't have that authority. They do, as does essentially every court in the country,
MichMan
(11,932 posts)ProfessorGAC
(65,061 posts)...I'd like someone to let us know:
How often does bond reduction happen? What % of cases?
How often does such extension get granted? Again, % of cases.
Would a small business owner who is fined $250k get 10 extra days to put up a $100k bond?
How can this decision not include the claim, just 2 days ago, that the defendant has the cash?
If this is actually common, then I have no concerns. If this only happens when high profile defendants & huge money is involved, then my concerns still exist
onenote
(42,714 posts)in cases with judgments in excess of $100 million.
Why do I say that? Because the trend in the US over the past 25 years has been to make it easier for defendants to obtain a stay pending appeal, largely by capping the amount of required supersedeas bond. Indeed, the vast majority of states have enacted some sort of supersedeas bond cap. In Florida, for example, its $50 million, no matter how large the judgment. In some jurisdictions, it is as low as $25 million. And these jurisdictions still give courts discretion to set the bond at a lower rate or to forego requiring any bond at all.
So, while New York is one of the few states that hasn't adopted a statutory cap, the law does give the court authority to set a cap at whatever level below a 100 percent of judgment level and I would expect judges, in the current legal environment, to use that authority to set limits comparable to those that would apply in states that have set caps.
And for what its worth, I think James did a poor job opposing Trump's request for the appellate division to reduce the bond requirement. In particular, she argued that the court had no authority to reduce the level, which is just flat out contrary to the statutory language and case law.
ProfessorGAC
(65,061 posts)If it's common, then my concerns are ameliorated to a degree.
The part about "over $100 million" still sticks in my throat.
ripcord
(5,408 posts)dchill
(38,502 posts)I'm speculating.
Fuck.
BlueKota
(1,741 posts)He is still getting preferential treatment and exactly what he wants more delay. I am sick and tired of people who keep making excuses for a corrupt justice system that keeps granting exceptions to this fucker that would not be avaliable to anyone else. He even admitted he had the money that he just didn't want to pay it.
JohnSJ
(92,217 posts)Prairie Gates
(1,012 posts)Hugin
(33,159 posts)Apologists abound.
Prairie Gates
(1,012 posts)onenote
(42,714 posts)Response to Prairie Gates (Reply #15)
orangecrush This message was self-deleted by its author.
orangecrush
(19,571 posts)And they all show up here
Response to Prairie Gates (Reply #15)
orangecrush This message was self-deleted by its author.
Response to Prairie Gates (Reply #15)
orangecrush This message was self-deleted by its author.
Emile
(22,788 posts)orangecrush
(19,571 posts)The explanation was "fuck the poors"
Bettie
(16,110 posts)and the now laughable idea that, everyone is equal in the eyes of the law?
Yeah, not so much.
Every day it becomes more obvious that the law doesn't really apply to some people....
triron
(22,006 posts)LiberalFighter
(50,943 posts)multigraincracker
(32,688 posts)I mean Chump change.
bluestarone
(16,972 posts)Bond has been reduced to $175 million? Thought State law was state law? I don't get it?
BlueKota
(1,741 posts)MichMan
(11,932 posts)BlueKota
(1,741 posts)when the courts keep delaying any consequences for him losing or being found guilty? I hope I am wrong but it sure looks like he is never going to have to truly be punished for anything he has done.
FakeNoose
(32,644 posts)That's what an appeal is, getting a different judge that's (hopefully) more sympathetic to your case. There's no guarantee that the original ruling will be changed though. There's no guarantee that the fine will be reduced.
The benefit to Chump is that when he has to pay the fine it will be later, not TODAY. He's hoping it will be LESS that what he owes today.
triron
(22,006 posts)DEVILS chosen one! Plus i'm sure 10 days from now he will appeal to the SC, then here we go AGAIN!
iluvtennis
(19,862 posts)triron
(22,006 posts)limbicnuminousity
(1,402 posts)More and more it looks like the Just Us system.
NoMoreRepugs
(9,435 posts)amount Repugs are able to spend smearing JoeB and assisting other asshat Rethugs - to me that's a WIN.
Bev54
(10,053 posts)will to discipline their child. It is so bloody disheartening to see him treated preferentially. Is the whole damn system corrupt?
triron
(22,006 posts)BlueKota
(1,741 posts)notion that because he was a former President and current Presidental candidate they have to treat him with kid gloves. So much for what I was raised to believe that justice is blind and that we are all equal under the law. That's as big a fucking fairytale as Santa Claus.
BlueKota
(1,741 posts)but it's beginning to look like it more everyday. These so called justices are more concerned about appearing non partisan that they care more about that than actually upholding the law.
Freethinker65
(10,023 posts)Trump will get away with a slap on the wrist and (partial) payment of back taxes owed. I also assume Trump will be allowed to skip any interest or penalties owed.
As a side note, we overpaid our quarterly taxes again. Instead of a refund, the IRS and State are applying our overpayments to this year's estimates. We did not receive any interest for our overpayment of just shy of 10K. And, we started paying quarterlies after being assessed a PENALTY a few years back for capital gains income. We paid the penalty and have been sending in quarterlies since.
The fact this US secret stealing, insurrection encouraging, conman gets a delay and ultimately slap on the wrist, once again, is infuriating.
LetMyPeopleVote
(145,293 posts)kairos12
(12,862 posts)Goodheart
(5,325 posts)Just watch.
BlueKota
(1,741 posts)I bet the decision will be vacated entirely, and he will never end up paying a dime. It won't even make a difference if there was any actual legitimate reason to grant dismissal or not.
hatrack
(59,587 posts)Same old shit.
He'll never, ever, EVER face the consequences of his actions, because he's so special and different.
He'll keep on waltzing away and getting away with it, because he's Donald, and we're not, so fuck us.
I knew his ass would be pulled out of the fire
Rebl2
(13,521 posts)deserve more time to pay.
walkingman
(7,627 posts)angrychair
(8,699 posts)But he and his children also get to keep doing business in NY until the appeal is decided.
There is more to that ruling than just about the bond.
Takket
(21,575 posts)The more lawyers you can hire, the more shit you can get away with. Equal protection my ass.
Drumpf literally just said on truth social last week he HAD THE CASH to pay this with. HE DID NOT NEED A BREAK. Common person gets no breaks, drumpf gets every break, delay, second guess and benefit of the doubt on EARTH.
fuck this bullshit.
duforsure
(11,885 posts)Our judges and justices are actively being corrupted by criminals because of power and greed.
LetMyPeopleVote
(145,293 posts)hatrack
(59,587 posts)JohnSJ
(92,217 posts)onenote
(42,714 posts)In particular, she now admits the order stayed the provision of the judgment limited Trump's ability to borrow from New York financial institutions.
Link to tweet
?lang=en
In addition, she appears to be unaware that the term "undertaking" as used in New York law, is not synonymous with "cash" -- an undertaking can be a bond or other form or surety.
ForgedCrank
(1,782 posts)reduce his penalty, the 400+gazillion judgement still stands. this just lowers the bond he has to post, nothing more. if he loses his appeal, he still has to pay all the awarded money. At least this is how I'm reading it.
usonian
(9,810 posts)Call me if you get it.
(Crickets)
pecosbob
(7,541 posts)As well as those of his brats. That is disappointing.
onenote
(42,714 posts)BlueKota
(1,741 posts)Last edited Tue Mar 26, 2024, 09:44 AM - Edit history (3)
Why would the courts stay parts of judgments, if they are not giving any serious consideration to overturning them or significantly reducing them?
I realize it's a seperate issue from the Supreme Court on the immunity question, but that matter raises similar questions.
Pretty much all the former prosecutors and former Judges said the DC Court gave full & fair consideration to the defendants arguments. That they layed out all the reasons why the claim that a President is granted full immunity in the Constitution is baseless?
So why unless they aren't seriously considering reversing the Court of Appeals ruling would they waste their time and delay trials, which by the way would offer the defendant a chance to still lay out his defense, and have it decided by a jury? Also why the delay in even beginning to even hear the arguments of both sides? Didn't the prosecutors and the defense attorneys already have their cases prepared to make to the D.C Court of Appeals?
Also when 3 of the members were directly appointed by the defendant, and a fourth has a wife, who has direct ties to part of the event the defendant's charges relate to, but refuses to recuse himself, can you blame people for having serious doubts about their willingness to put the law over their party?
Yes we can't say for sure they will grant him full immunity or are delaying it, in hopes that he will win the election, and pardon himself and all the other January 6 defendants. The same could be said of the reverse. No one can guarantee he won't win, or the majority on the SC won't be doing those things to protect him either. In my mind it's always better to accept the worst could happen, do your best to prevent it, and if prevention is impossible, prepare to handle the aftermath. Why is that wrong?
I'll address your comments about the immunity case first: The issues raised with respect to presidential immunity are novel and significant and, as Smith himself stated when he initially sought to have the Supreme Court hear the case before the court of appeals, the immunity case presents a fundamental question at the heart of our democracy and that it is one that only this Court can definitively resolve. Moreover, Smith didn't oppose cert being granted when the case came back to the court after the court of appeals decision was released. Finally, it only takes four justices to support cert being granted -- the fact the Court decides to take a case doesn't mean it is going to reverse the decision below. Many lower court decisions are affirmed by the Supreme Court. And in many cases, the reason for taking it isn't necessarily because a justice thinks the outcome is wrong but because they think the reasoning of the lower court should be clarified or limited.
Turning to yesterday's decision to stay not only the bond requirement, but other portions of the order -- the standard typically applied when a stay is sought has four parts: is the party seeking the stay likely to succeed in whole or in part on the merits; will the moving party incur irreparable harm if the stay isn't granted and they prevail on appeal; the extent to which the balance of hardships favors one side or the other; and the extent to which the public interest will be advanced by granting a stay.
In many cases, these four factors are not weighted equally or even individually. Often, if the irreparable harm element favors granting a stay, the stay will be granted. While the appellate decision didn't spell out the reasoning behind the order, my speculation is that they felt that Trump and company would be irreparably harmed if those aspects of the order took effect while the appeal was pending since they can't travel back in time to do the things they would be prevented from doing.
BlueKota
(1,741 posts)That definitely clears up my question regarding the stays in the New York case, and as long as the trial is going ahead I have a lot less concern about it now.
I also get that the Supreme Court has to be the ultimate decider on immunity. I guess I am getting stuck on what was in the Declaration which I get is not what laws are based on. None the less it's a fairly clear indication that the founders never intended to have one person be allowed to break any law he chooses without having to face consequences. Yes there is impeachment, but that process has proven beyond flawed as virtually no one of either party is going to vote to remove a President that is a member of their own party.
The court was supposed to be impartial but again how do we trust that when at least two of them clearly have conflicts of interests in multiple cases, but refuse to recuse themselves? We cannot vote them out, President Biden cannot fire them, and the impeachment method for them is as flawed as the Presidental one is. Yes we can vote for people who we believe will uphold the law, but there is no guarantee that the other side won't cheat, and this time the SC won't look the other way. That's why I hope someone has a Plan B.