Tuesday, February 20, 2024

Calabresi: President Trump's Kafkaesque Civil Trial in New York State and a rebuttal by Orin Kerr

President Trump's Kafkaesque Civil Trial in New York State
By Steven Calabresi

Donald Trump has been ordered to pay a $355 million fine and has been barred from doing business in New York State for three years.  Judge Arthur Engoron ordered Trump to pay essentially all of his cash reserves of $400 million, which fine if upheld would force Trump to sell some of his real estate holdings to raise cash to live on.  Once interest is added on the total fine will rise to $450 million.  This is all on top of an $83.3 million fine Trump must pay for allegedly defaming the writer E. Jean Carroll.  The fines in total could deprive Trump of between 11% and 13% of his wealth.  Trump's adult sons Donald Jr. and Eric have also been fined, and they are barred from doing business in New York State for two years.  Ivanka or Melania Trump could legally run the Trump businesses for the next two years, but Judge Engoron appointed retired U.S. District Judge Barbara Jones to continue in her role as an "independent monitor" of the Trump business empire but expanded her authority to review financial disclosures before they are submitted to third parties.  Judge Jones can hire an independent director of compliance, and she has the authority to compel Trump to sell some or even all of his businesses down the road.  This is all punishment for Trump allegedly committing fraud by falsely in inflating and deflating the value of his real estate assets to pay lower state taxes and to receive more favorable loans from banks.

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