Is Trump's Mega-Fine Unconstitutional?
Feb 29, 2024 14:05:15 GMT -5
Post by schwartzie on Feb 29, 2024 14:05:15 GMT -5
Is Trump's Mega-Fine Unconstitutional?
by Alan M. Dershowitz
February 29, 2024 at 5:00 am
The civil case against Donald Trump was brought by New York Attorney General Letitia James, a prosecutor who campaigned for her elected office on a pledge to get Trump. By bringing a civil case rather than a criminal prosecution, James denied Trump a jury trial, which he could not have gotten on this kind of case; a requirement of proof beyond a reasonable doubt, and other constitutional safeguards. Now she seeks to deny him the protection of the Eighth Amendment's prohibition against excessive fines.
The civil case against Donald Trump was brought by New York Attorney General Letitia James, a prosecutor who campaigned for her elected office on a pledge to get Trump. By bringing a civil case rather than a criminal prosecution, James denied Trump a jury trial, which he could not have gotten on this kind of case; a requirement of proof beyond a reasonable doubt, and other constitutional safeguards. Now she seeks to deny him the protection of the Eighth Amendment's prohibition against excessive fines. Pictured: James arrives at Trump's civil trial on October 2, 2023 in New York City. (Photo by Michael M. Santiago/Getty Images)
Arthur Engoron, the New York Supreme Court judge in the real estate case brought against Donald Trump by the state attorney general, has fined Trump and members of his family $464 million. This raises the question of whether the fine – which does not reflect damages actually done – is "excessive" under the Eighth Amendment of the US Constitution, which reads as follows: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
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by Alan M. Dershowitz
February 29, 2024 at 5:00 am
The civil case against Donald Trump was brought by New York Attorney General Letitia James, a prosecutor who campaigned for her elected office on a pledge to get Trump. By bringing a civil case rather than a criminal prosecution, James denied Trump a jury trial, which he could not have gotten on this kind of case; a requirement of proof beyond a reasonable doubt, and other constitutional safeguards. Now she seeks to deny him the protection of the Eighth Amendment's prohibition against excessive fines.
The civil case against Donald Trump was brought by New York Attorney General Letitia James, a prosecutor who campaigned for her elected office on a pledge to get Trump. By bringing a civil case rather than a criminal prosecution, James denied Trump a jury trial, which he could not have gotten on this kind of case; a requirement of proof beyond a reasonable doubt, and other constitutional safeguards. Now she seeks to deny him the protection of the Eighth Amendment's prohibition against excessive fines. Pictured: James arrives at Trump's civil trial on October 2, 2023 in New York City. (Photo by Michael M. Santiago/Getty Images)
Arthur Engoron, the New York Supreme Court judge in the real estate case brought against Donald Trump by the state attorney general, has fined Trump and members of his family $464 million. This raises the question of whether the fine – which does not reflect damages actually done – is "excessive" under the Eighth Amendment of the US Constitution, which reads as follows: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
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