Leftist magazine The New Republic (TNR) admits that the fine Judge Arthur Engoron handed former President Donald Trump for alleged business ‘fraud’ in New York is exceptional and politically motivated.
Writes TNR:
Is New York State treating Donald Trump differently from other real estate scofflaws in requiring him to disgorge $454 million by Monday? Yes. Would another such person who lied to banks and insurance companies about the value of his real estate holdings become the target of a major investigation by the state attorney general? Probably not. Was Judge Arthur F. Engeron, in handing down last month his $454 million judgment against Trump, trying to banish Trump from New York’s real estate industry? Possibly so.
TNR then goes on to quote a number of sources explaining how and why Engeron’s move is unprecedented. Clifford Robert, one of Trump’s lawyers, explains that the fine is “’the definition of an unconstitutional Excessive Fine and a Taking’ because, should Trump win on appeal, he’ll have suffered ‘harm that cannot be repaired.’”
Rich Lowry of the National Review observes that, “Tish James has used the power of the state to attempt, with some success so far, to destroy [Trump’s] business that he’s built over decades and humiliate him personally.”
Even the Washington Post, TNR points out, ponders if it is “fair to require Trump to post a bond of this magnitude to be able to appeal the judgment against him?”
TNR’s concession follows a similar admission from The New York Times that Trump’s bond in the case is “impossible” to pay.
Of course, putting Trump in an impossible situation may well have been the point. Attorney General Letitia James is already moving to seize Trump’s real estate assets.