Wednesday, 20 November 2024

Legal Experts Weigh In On Trump’s Options If He Can’t Post $454M Bond In His Civil Fraud Case By Monday’s Deadline


Legal Experts Weigh In On Trump's Options If He Can't Post $454M Bond In His Civil Fraud Case By Monday's Deadline

Gage Skidmore CC BY-SA 2.0 DEED, via Flickr, Cropped by Resist the Mainstream

Legal experts are analyzing Donald Trump's legal predicament after his legal team revealed the former commander-in-chief's inability to secure a $464 million appeal bond following a civil fraud judgment in New York.

Trump's lawyers described obtaining such a substantial bond as a “practical impossibility” in a recent court filing. Despite approaching over 30 firms to secure the bond, Trump faces “insurmountable difficulties” in obtaining financial backing, according to his attorneys.

David Gelman, a criminal defense attorney, dubbed the judgment a “unicorn,” emphasizing the financial challenge Trump faces. He suggested that the judge should offer Trump more flexibility in meeting the bond requirement.

A New York Appeals Court judge rejected Trump's request to delay payment of the $464 million owed due to the lawsuit brought by New York State Attorney General Letitia James. However, the judge permitted Trump and his sons to continue operating their business during the appeals process.

Trump, furthermore, cannot absolve debts obtained through fraud by filing for bankruptcy.

Last month, a judge granted Trump temporary relief from a portion of the judgment that would have restricted his ability to borrow money.

Trump's legal team is seeking to pause enforcement of the financial aspect of the judgment, even without securing the required bond.

The former president filed papers in an appeal court case on Monday, aiming to avoid posting the bond as he contests the substantial judgment from February, which accumulates daily interest.

Manhattan Supreme Court Justice Arthur Engoron issued the hefty judgment against Trump after a three-month trial, where the AG's office accused Trump of inflating his net worth to gain favorable loan and insurance terms.

Kevin J. O'Brien, a former prosecutor, highlighted that requiring an appeal bond is standard procedure to ensure appellants can cover penalties if they lose their appeal. However, the size of the judgment poses a significant challenge.

Trump's efforts to lower the bond amount or avoid paying it altogether face obstacles, with legal experts cautioning that success on appeal is uncertain.

Trump's lawyers argue against forcing him to sell properties hastily, fearing irreparable losses. However, taking out a mortgage on properties may also pose challenges given Trump's financial and legal woes.

If Trump fails to meet the bond deadline, AG James can begin seizing his assets, including real estate holdings. 

Overall, Trump's legal battle over the judgment promises to be arduous and protracted, with significant implications for his financial well-being. The legal process could be complex and time-consuming.

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