Former New Jersey Superior Court Judge Andrew Napolitano shared insights on Donald Trump’s civil fraud case in New York, describing it as “odd” due to the “extraordinary” fine imposed by Judge Arthur Engoron. However, Napolitano suggested that Trump could potentially reverse this hefty fine if he appeals the case to the New York Court of Appeals.
Napolitano explained that Trump could argue based on the Eighth Amendment, which prohibits “excessive fines.” However, he acknowledged that this legal maneuver might pose challenges.
Napolitano highlighted the unusual nature of the case, particularly the significant penalty of $400 million, increasing by $100,000 per day, despite no crime being committed and no harm inflicted.
He referenced testimony from executives at Deutsche Bank, the lender involved, who affirmed that Trump had repaid all loans punctually and in full. Additionally, they expressed willingness to continue lending to Trump in the future.
According to Napolitano, Trump might have a more favorable outcome on appeal, as most judges would likely pause the accruing fine rather than require the former president to raise such a substantial sum within a short timeframe.
Napolitano speculated that Trump could request an extension from the appellate court, which he believes would likely be granted.
Furthermore, Napolitano noted that Engoron had been appealed six times, with each appeal resulting in a reversal by the state appellate court. This history suggests that Trump may have grounds for a successful appeal in his case.
