NEW YORK: In an attempt to refute a judge’s conclusion that he misrepresented his income while building the real estate enterprise that propelled him to fame and the president, Donald Trump has filed an appeal of his $454 million civil fraud judgment in New York.
Attorneys for the former president filed notices of appeal on Monday, requesting that the state’s intermediate appeals court reverse the astronomical penalties that could deplete Trump’s cash reserves and overturn Judge Arthur Engoron’s decision from February 16 in Attorney General Letitia James’ complaint. In court filings, Trump’s attorneys stated that they are requesting that the appeals court rule on whether Engoron “committed errors of law and/or fact,” misused his discretion, or “acted in excess” of his authority. In New York, the appeals process begins with a notice of appeal. Trump’s attorneys will be able to elaborate on their complaints in later court documents.
Trump can file an appeal without having to pay his fine or post a bail, and doing so does not immediately stop the judgment from being enforced. The front-runner in the Republican presidential race has until March 25 to obtain a stay, which is a legal procedure that stops collection while he files an appeal. If Trump deposits cash, assets, or an appeal bond that covers his debt, he will automatically be granted a stay of proceedings. The attorneys representing Trump may potentially request that the appeals court issue a stay without requiring a bond or with a smaller bond.
If Engoron’s decision is upheld, Trump will have to forfeit a substantial portion of his wealth. With interest, the $355 million in penalties that Engoron ordered Trump to pay has already almost doubled to $454 million. Until he pays, the sum will rise by over $112,000 per day.
In addition to buildings and other investments, Trump stated during his testimony last year that he possessed roughly $400 million in cash. He claims that his net worth is in the billions. Democrat James threatened to take some of Trump’s assets if he couldn’t pay, according to ABC News.
For months, Trump’s attorneys had been setting the stage for an appeal by repeatedly objecting to Engoron’s management of the trial, as Trump had threatened to do. The most expensive outcome of Engoron’s recent legal issues, according to Trump, was his choice to “interfere in elections” and “weaponize against a political opponent.” Trump claimed that because he “had built a perfect company, great cash, great buildings, great everything,” he was being penalized.
The former president expressed confidence that the appeals court “will ultimately correct the innumerable and catastrophic errors made by a trial court untethered to the law or to reality” following the verdict, according to Trump’s attorney Christopher Kise.
Habba stated that “it will serve as a signal to every single American that New York is no longer open for business” if the ruling is upheld.
The verdict was finalized only when the clerk’s office at the Engoron courthouse filed documents known as a judgment, thus Trump was unable to appeal it right away. Following that action on Friday, Trump has 30 days to make amends, file an appeal, and request a stay of proceedings.
If Trump were to pay the fine now rather than request a stay, the funds would be placed in a court escrow account while the appeal is pending. The money would be given back to Trump if the court reversed the decision.
Trump’s attorneys charged Engoron of “tangible and overwhelming” bias during the trial. They have also taken issue with James’ lawsuit’s legal procedures. According to Trump, the legislation she filed the lawsuit under is a consumer protection act that is typically applied to stop companies that defraud clients.
Read More: US Senator Tim Scott criticizes Nikki Haley by endorsing Trump for president
Trump’s attorneys have already challenged Engoron’s earlier decisions at least ten times before the Appellate Division. During the trial, they attempted in vain to overturn a gag order and pay $15,000 in fines for violating it after Trump posted an inaccurate and derogatory social media comment about a significant court employee.
Trump’s attorneys have long maintained that some of the charges against him are banned by the statute of limitations. They also claim that Engoron disregarded an Appellate Division decision from the previous year directing him to reduce the trial’s scope in order to exclude untimely accusations.
The Appellate Division may maintain Engoron’s judgment, lessen or alter the punishment, or reverse the ruling completely. Trump may request that the Court of Appeals, the state’s highest court, take up his case if he is not successful at the Appellate Division.
Read more: The US was ‘more safe’ when? Donald Trump informs his supporters
Among Trump’s numerous legal battles is the appeal. In the past year, he has received four felony indictments. In Georgia and Washington, D.C., he is charged with conspiring to reverse his defeat to Democrat Joe Biden in the 2020 race. He is accused of keeping secret documents in Florida.
He is accused of fabricating business records pertaining to hush money payments made on his behalf to porn star Stormy Daniels, and his trial is set for March 25 in Manhattan.A jury found in January that Trump owed writer E. Jean Carroll $83.3 million for defamation after she accused him in 2019 of molesting her in a 1990s Manhattan department store. Carroll also received an additional $5 million from a jury in a separate trial that concluded last year.