If Trump wants to appeal a clearly outrageous decision and damages award, he’s going to have pay for it. From Jonathan Turley at jonathanturley@jonathanturley.org:
Below is my column on Fox.com on the demand for roughly a $455 million dollar deposit or equivalent bond for Donald Trump to be able to seek appellate review of the recent judgment against him. The combination of the fine and the deposit rule highlight the confiscatory elements of this judgment.
Here is the column:
In the wake of the massive judgment against Donald Trump, many in New York are celebrating the prospect that the former president could be forced to sell off his property just to be able to appeal the $355 million judgment against him. While Trump has good grounds to object to this excessive fine, he still has to come up with close to a half billion dollars just to make his arguments to the New York Court of Appeals.
In order to file an appeal, the courts require a deposit for the full amount of the damages or a bond covering the full amount. Even with escrow options, the call for cash or collateral can be enough to put some executives in a fetal position.
It can be challenging enough for many companies drained from years of litigation. For Donald Trump, the demand for $355 million plus $100 milion in interest could force a fire sale on properties to pony up just the deposit.
Many of us have been critical of the ruling of Manhattan Supreme Court Justice Arthur Engoron who imposed the astronomical fine despite finding that Trump’s “victims” not only did not lose a single dollar but made handsome profits. Indeed, these banks testified that they wanted to continue to do business with Trump as a “whale” client, but Engoron is now barring them from doing so.