Donald J. Trump has described himself as "the king of debt". Inferably that means he is often short of cash as his assets are burdened by mortgages and other security agreements. So we shouldn't be surprised that Trump is having difficulty doing what other appellants must do: post an appeal bond or other assets as security for payment of a judgment in the event that it survives appeal.
Trump was found liable for defamation of E. Jean Carroll, whom he had been found by a federal civil jury to have raped in an earlier case. Carroll alleged that she was assaulted in the dressing room of a Fifth Avenue clothing store Bergdorf Goodman. Trump, after that verdict, continued to defame her.
The New York jury awarded $7.3 million for emotional distress, $11 million for a reputation repair program, and $65 million in punitive damages. Federal Rule of Civil Procedure 62 provides
(b) Stay by Bond or Other Security. At any time after judgment is entered, a party may obtain a stay by providing a bond or other security. The stay takes effect when the court approves the bond or other security and remains in effect for the time specified in the bond or other security.
But in his memorandum of law (above) seeking a stay of execution pending review of his post-trial motions Trump seeks to exempt himself from the usual rule which permits a judgment creditor to move to execute on the judgment thi8rty days after its entry on the docket. The former President's lawyers claim the verdicts are so excessive that there is such a likelihood of his success on post-trial motions that he should be exempt from the usual requirements for a stay of execution.
Below is their claim for relief:
Pursuant to Rule 62 of the Federal Rules of Civil Procedure and this Court’s equitable authority, Defendant President Donald J. Trump respectfully requests that this Court grant an unsecured stay of the execution of the Court’s February 8, 2024, judgment, ECF No. 285, until 30 days after the resolution of President Trump’s post-trial motions under Rules 50 and 59 of the Federal Rules of Civil Procedure, which will be filed no later than March 7, 2024. In the alternative, President Trump requests that this Court grant a partially secured stay of execution until 30 days after the resolution of post-trial motions and authorize President Trump to post a bond in an appropriate fraction of the amount of the judgment. In addition, President Trump requests that this Court enter a temporary administrative stay of the judgment pending its resolution of this motion, or in the alternative, issue a ruling on this motion by March 4, 2024. (emphasis supplied)
No comments:
Post a Comment