Letitia James Likely Will Fall For Trump's Collection Trap, Aiding Trump's 2024 Fortunes.
New York "fraud" judgment and coming collection debacle is further proof that the show trial was both unconstitutional and election rigging.
After Monday, March 25, 2024, the State of New York may begin collecting on its civil fraud “judgment” against Donald Trump if he has not either posted a bond or deposited funds in the amount of the judgment into the registry of the court. Recent (and future) developments in the case provide yet further proof that this is a landmark fascist show trial taking place in America. This is no exaggeration. But rather than make that case, which we have done before, consider that these events demonstrate without debate that New York Attorney General Letitia James’ and the court’s actions are blatantly unconstitutional.
Since filing his appeal, Trump has been attempting to secure a bond to prevent the State of New York from collecting on the $454 million dollar judgment. He has been unable to secure a bond, primarily because of the unusual nature and size of the judgment. In point of fact, few companies are in a position to post bonds of this size and those few have been unwilling to provide Trump with one. While many of us stated at the time the judgment was issued on February 16, 2024 (you can read the judgment here) that it was excessive, Trump’s inability to secure a bond since that time provides additional evidence that the amount is, in fact, ridiculously high.
This freshly acquired evidence thus further proves that Judge Engoron and Ms. James have violated the Constitution in bringing this action. The Eighth Amendment to the Constitution provides:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The fact that Trump cannot acquire a bond is proof that the fine is excessive and, thus, violates the Constitution. It should have been obvious to Ms. James and the “judge” at the time the absurd amount was conjured that it was excessive. This is especially true considering that the State of New York failed to provide any economic data to substantiate the amount because the State admitted that no one had been damaged financially by Trump’s actions.
In a rational system, based on the Rule of Law and the Constitution, both the State and the judge would reconsider their decisions based on the recently acquired data. This is not what has happened as Letitia James has insisted she will start collection as soon as possible and apparently has already started initiating the collection process.
There has been some confusion about Trump’s ability to appeal hinging on posting the bond. It does not. Trump’s appeal can continue regardless of whether he can post a bond.
The bond serves solely to stay the State’s ability to execute on the judgment. If he posts the bond, the State is prohibited from taking efforts to collect and must await the decision of the appellate courts. If he does not post the bond, the appeal will continue, but the State may begin collecting on the judgment by such things as garnishing bank accounts and seizing property and other assets.
It is important to remember that the State is not required to start collection and it is wise legal practice not to start collection pending an appeal, especially of such a large amount in an unprecedented case because if the judgment is reversed or reduced, the State will be liable to Trump not only for the amount seized improperly, but for interest on that amount as well. Of course, nothing about Letitia James has been prudent and this case never was about what was good for the State or its citizens. She will begin collection as soon as she can.
The fact that recent evidence has provided yet additional proof that this entire case is a sham and unconstitutional should not surprise us. As we have pointed out before, Letitia James ran for office bragging that she would target and persecute Trump. You can hear her in her own words promising to target Trump here:
While this is perhaps not technically an unconstitutional bill of attainder, the more the facts in this case play out, the more it looks like Ms. James’ actions might violate the Constitutional prohibition against targeting citizens.
Article 1, Section 9, Clause 3 of the Constitution provides:
No Bill of Attainder or ex post facto Law shall be passed.
This provision was placed into the Constitution (and the practice prohibited generally in the colonies) to prohibit the English practice of passing laws targeting specific persons for punishment or using extrajudicial means to punish specific citizens or groups of citizens. America wanted the Rule of Law applied equally to all the citizens. Considering the totality of the circumstances, Trump may well convince the appellate courts or the United State Supreme Court to reverse the absurd judgment on these grounds.
Time will tell how all of this plays out. However, the fact that is has occurred at all should terrify every American. Such blatantly unconstitutional and improper legal action should not take place in the United States. But if it does, the appellate courts should correct it swiftly.
This has not occurred, much less swiftly. Indeed, setting aside the timing, there is no guarantee that the appellate court of New York will correct this tragedy or that the United States Supreme Court will step in and do so. As to the Supreme Court of the United States, Trump cannot appeal to them until he has exhausted his appeals in the New York State system, something that could take years.
In all likelihood, the appellate courts of New York will not override Judge Engoron and stay collection pending the appeal before Trump’s deadline to post a bond. Thus, by Tuesday, March 26, 2024, Letitia James will have the choice to begin collecting on the judgment. She is guaranteed to do so because the whole point of this exercise is not justice, but to punish Trump and to interfere in the election.
Just as importantly, Ms. James does not care about the citizens of New York. If she is later reversed and the State of New York has to pay back the amount illegally seized with interest, she could care less.
There is one thing that might keep the New York Attorney General from keeping this grift going and that would be if she would realized that initiating collection will cause Trump to rise in the polls and likely secure his election in November. In fact, you can watch “never Trump” pollster Frank Luntz try to explain this phenomenon to clueless “pundits” on CNN here:
Luntz is right, but James will neither listen or have the ability to comprehend how she will be helping Trump. Of course, this is not about Trump, but about all Americans. Once they have established the precedent, they can come after any of us.
Worse, this type of unconstitutional lawfare is going on everywhere the court of public opinion barely whimpers. If this continues, we will lose whatever is left of our Constitutional Republic.
Now I understand. Trump is talking about his cash because he's hanging it out as bait.