Former clerk for two Supreme Court justices Chris Landau detailed the possible hope former President Donald Trump may have after a New York judge ruled that he must pay over $350 million in damages for alleged financial fraud.
Landau appeared on “The Ingraham Angle” to discuss the ruling from Judge Arthur Engoron on Feb. 16 that order Trump to pay over $350 million plus interest after the case was brought by New York Attorney General Letitia James claiming the former president continually committed financial fraud to gain benefits while he built his business in the state. Fox host Laura Ingraham questioned the former clerk on his thoughts regarding the ruling and if Trump’s lawyers could make an “excessive fines” claim under the 8th Amendment. (RELATED: Trump Seeks Delay On Enforcement Of $354 Million Ruling)
Landau stated that attacking the “crazy fine” with the 8th Amendment seemed “pretty commonsensical” since the banks, who were allegedly defrauded, stated they would “do business” with Trump again. The former clerk additionally noted that the federal argument gives the former president an “opportunity” to take the case to the U.S. Supreme Court if the New York state courts aren’t able to fix it.
“Well Laura, there’s two different issues. One is the issue of getting a bond to take the appeal, and he’ll have to put up some cash immediately for that. Then there’s the broader issue of how do you attack this crazy fine. The 8th Amendment, as the president said, says you shall not have excessive fines. It seems pretty commonsensical to say that a fine of $350 million plus interest for a victimless crime, where the person that was allegedly defrauded – the bank – said, ‘We want to do business with this guy again’ is excessive,” Landau stated.
“So this is an argument under the federal constitution so that gives him the opportunity to try and take the case all the way to the U.S. Supreme Court, if necessary. Hopefully, Laura, the New York state courts will be able to fix this mess. I mean, New York didn’t become the financial capital of the world for nothing. The New York courts have historically been very good about making sure that business disputes get resolved fairly and appropriately – that is until Trump came along.”
In addition to Trump’s fine, Engoron barred the former president “from serving as an officer or director” within all New York corporations and legal entities for three years, the ruling stated. However, since the judge’s decision, Trump’s attorneys requested Wednesday a 30-day delay in enforcing the massive payment.