U.S.

Politics World Opinion Media Entertainment Sports Lifestyle Video AI More Login Watch TV

OPINION

Stalinist $370M judgment against Trump should be

vacated immediately
The only way to restore confidence that New York will not destroy those with whom it disagrees is for the appellate
tribunals to immediately vacate the judgment
By Arthur Fergenson Fox News

Published February 20, 2024 9:14am EST

Trump attorney says he will pay $400 million bond to appeal NY ruling
Constitutional attorney Mark Smith joined 'Fox & Friends First' to discuss the latest on Trump's legal woes and the news that the former president is
challenging Judge Engoron's 'fraud' claims.

Join Fox News for access to this content

Plus get unlimited access to thousands of articles, videos and more with your
free account!

By entering your email, you are agreeing to Fox News Terms of Service and Privacy Policy , which
includes our Notice of Financial Incentive . To access the content, check your email and follow the
instructions provided.
NEW You can now listen to Fox News articles!

Listen to this article

0:00 / 5:41 1X BeyondWords

This past week Judge Arthur Engoron of New York State Supreme Court, the lowest level
of courts of general jurisdiction, levied a mammoth fine of some $370 million, including
interest, against Donald Trump for purported fraud under a New York statute.

The term fraud is used loosely since no one was defrauded, an element of a cause of
action under common law fraud, and no one was harmed, also an element, and there was
no proof of reliance, another element. This is fraud "in the air," as the saying goes: no harm
by no one against no one for no loss by anyone.

No one testified that they lost a penny from the purported fraud, or that they would not
have wanted to deal with Trump as a customer. No one came forward to complain, except
Attorney General Letitia James. But more about this modern-day Torquemada later in this
column.

New York Judge Arthur Engoron ruled that former President Trump must pay over $350 million in damages to the state of
New York as the result of his civil fraud trial. (Fox News)

Previously, the same judge ordered dissolution of Trump’s businesses in the state, under
the supervision of a receiver. That order was stayed by the appellate court pending
appeal.

THE $355M TRUMP CRAZY CIVIL COURT DECISION HAS ALL KINDS OF UNEXPECTED
CONSEQUENCES

Following the order of dissolution, The Associated Press reviewed nearly 150 reported
cases under the statute used to punish Trump and stated "that nearly every previous time
a company was taken away, victims and losses were key factors. Customers had lost
money or brought defective products or never received services ordered, leaving them
cheated and angry."

Angry, although not a word to describe a single customer, is Trump, and he has every right
to be. But it is also a word, along with outraged that applies to a range of commentators,
,

not all allied with the former president.

Professor Jonathan Turley called the $370 million judgment confiscatory, extreme and
abusive. Professor Steven Calabresi termed it a travesty and an unjust political act. The
subhead for his online commentary employed the term "Stalinist." Both law professors are
right.

Because the judgment does not relate to any loss, the $370 million is not, properly
understood, violative of the prohibition against grossly excessive punitive damages. It
does fall, however, directly within the excessive fines clause of the Eighth Amendment to
the United States Constitution.

TRUMP BLASTS ‘CLUBHOUSE POLITICIAN’ JUDGE AFTER BEING FINED $350M,

DEFENDS THE ‘GREAT COMPANY’ HE BUILT

In an opinion especially illuminating to understand the wrongdoing by the attorney general

and Judge Engoron, the U.S. Supreme Court held in Timbs v. Indiana (2019), that the
excessive fines clause is an incorporated protection applicable to the states (all of them,
even New York) under the 14th Amendment to the U.S. Constitution.

The Supreme Court stated that the clause "traces it venerable lineage back to at least
1215" and the Magna Carta. "Despite Magna Carta, imposition of excessive fines
persisted. The 17th century Stuart kings, in particular, were criticized for using large fines
to raise revenue, harass their political foes, and indefinitely detain those unable to pay."
These remain concerns.

As the Supreme Court stated in Timbs: "For good reason, the protection against excessive
fines has been a constant shield throughout Anglo-American history: Exorbitant tolls
undermine other constitutional liberties. Excessive fines can be used, for example, to
retaliate or chill the speech of political enemies, as the Stuarts’ critics learned several
centuries ago."

And excessive fines are a cheap source of revenue, in the case of Trump being a lot of
revenue, especially for a state that has been bleeding population and high-income
taxpayers.

The virtue of an Eighth Amendment challenge is that it places the political prejudices of
the attorney general and the supine Judge Engoron relevant and front and center. James
made getting Trump a centerpiece of her campaign for the post she now holds. All of her
statements attacking Trump are now fodder for the inevitable appeal and attendant stay.

TRUMP FRAUD RULING REVEALS NEW YORK'S ‘ASSAULT’ ON REAL ESTATE, ‘MR.
WONDERFUL’ SAYS: MOVE YOUR BUSINESS OUT

With this Stalinist judgment, it is no longer Trump who is on trial, but the New York state
(in)justice system. Judge Engoron, New York’s version of the infamous Judge Ito, has
brought the New York courts into disrepute.

The only way to restore even a modicum of confidence that New York will not destroy
those with whom it disagrees is for the appellate tribunals to take immediate action to
vacate the judgment in its entirety as bringing into disrepute the state’s courts. If the case
survives even a day longer than tomorrow, Judge Engoron should be removed from the
matter and replaced with a jurist who understands law and justice.

Finally, this is not the only case that New York prosecutors have levied against
Trump. Manhattan District Attorney Alvin Bragg has indicted Trump for what is almost
universally condemned as a legally meritless alleged crime.

CLICK HERE FOR MORE FOX NEWS OPINION

While it is beyond the brief of this column to discuss it in more detail here, it does seem
that cooperation by Bragg and James relating to their respective actions against Trump
could potentially support a lawsuit by the former president under 42 U.S.C. 1983 and 1985
for violations of his constitutional rights.

Congress has the power to investigate the possibility of collusion by these two New York
officials, and should do so promptly. They owe it to not only to Trump, but also to all of us,
wherever we might live.

Arthur Fergenson is senior counsel with Ansa Assuncao LLP. The views expressed are his alone and not
those of the firm.

U.S. Politics World Opinion Media Entertainment

Crime Executive U.N. FOX Nation Coverage Celebrity News
Military Senate Conflicts Movies
Education House Terrorism TV News
Terror Judiciary Disasters Music News
Immigration Foreign Policy Global Economy Style News
Economy Polls Environment Entertainment Video
Personal Freedoms Elections Religion
Fox News Investigates Scandals
Digital Originals

Sports Lifestyle FOX Business Science & Tech Watch Live About
NFL Health Personal Finance Air & Space FOX News Shows Contact Us
College Football Food & Drink Economy Security Programming Schedule Careers
MLB Auto Markets Innovation On Air Personalities Fox Around the World
NBA Travel & Outdoors Watchlist Video Games Full Episodes Advertise With Us
NHL Real Estate Lifestyle Military Tech Show Clips Media Relations
Golf House & Home Real Estate Planet Earth News Clips Corporate Information
Tennis Fitness + Well-being Tech Wild Nature Compliance
Soccer Style & Beauty
UFC Family
WWE Faith

Apps & Products

FOX News Go
FOX Weather
FOX Nation
FOX News Shop
FOX News Radio
Outkick
Newsletters
Podcasts

New Terms of Use New Privacy Policy Your Privacy Choices Closed Caption Policy Help Contact Us Accessibility Statement

This material may not be published, broadcast, rewritten, or redistributed. ©2024 FOX News Network, LLC. All rights reserved. Quotes displayed in real-time or delayed by at
least 15 minutes. Market data provided by Factset . Powered and implemented by FactSet Digital Solutions . Legal Statement . Mutual Fund and ETF data provided by
Refinitiv Lipper .