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Tags: andrew napolitano | donald trump | civil | fraud case | fine | appeal | arthur engoron

Napolitano to Newsmax: Trump Fraud Case Could Fare Better on Appeal

By    |   Monday, 26 February 2024 03:37 PM EST

Donald Trump's civil fraud case in New York is "odd" because of the "extraordinary" fine levied by Judge Arthur Engoron — but that sum could be flipped if Trump takes the case to the New York Court of Appeals, former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday.

Napolitano told "Newsline" an argument from the former president based on the Eighth Amendment — which prohibits "excessive fines" — would be tricky.

"This is such a weird, odd case because the penalty is extraordinary," Napolitano said. "The loss of $400 million — going up $100,000 a day — for a crime not committed, and harm not caused.

"The people that he borrowed money from, Deutsche Bank, their executives got on the witness stand … and said he paid back everything to the penny and on time. And then this executive from the bank looked at the former president and said, 'By the way, Mr. President, if you want to get back in this business after you leave the White House, we'll be happy to be your lender again.'"

According to Napolitano, Trump might ultimately get a better outcome on appeal.

"Most judges would stop the running of the clock rather than send the defendant here, the former president, on a wild goose chase to raise $450 million in cash, or to get an insurance policy that will guarantee that payment secured by a billion in unsecured real estate," Napolitano said. "This is very difficult even for someone with Trump's personal wealth and access to funds to accomplish in 30 days.

"My guess is he should ask the appellate court to give him more time to do this, and they will probably say yes."

Napolitano said Engoron "was appealed six times — twice before the trial, four times during the trial — all six times he was reversed by the [state] appellate court."

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Fran Beyer

Fran Beyer is a writer with Newsmax and covers national politics.

© 2024 Newsmax. All rights reserved.


Newsmax-Tv
Donald Trump's civil fraud case in New York is "odd" because of the "extraordinary" fine levied by Judge Arthur Engoron — but that sum could be flipped if Trump takes the case to the New York Court of Appeals, former New Jersey Judge Andrew Napolitano said.
andrew napolitano, donald trump, civil, fraud case, fine, appeal, arthur engoron
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2024-37-26
Monday, 26 February 2024 03:37 PM
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