CNN
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Former President Donald Trump has falsely claimed, once more, that he needed to submit a bond in an effort to enchantment a $454 million civil fraud judgment towards him – and falsely claimed, once more, that Decide Arthur Engoron did one thing uncommon in forcing him to submit a bond in the course of the enchantment course of.
On Tuesday, the morning after Trump posted the $175 million bond mandatory to stop New York’s legal professional normal from starting to gather on Engoron’s judgment, the presumptive Republican presidential nominee wrote on social media: “I needed to pay New York State in an effort to enchantment a corrupt determination by a biased, crooked and extremely overturned choose. It’s speculated to be the opposite approach round – you enchantment earlier than you pay. Is a crooked New York Decide allowed to make you pay for the ‘privilege’ of interesting a wrongful & corrupt determination??? NOT IN AMERICA!!!”
Trump made similar claims in March, claiming, for instance, that “Engoron needs me to place up the ridiculous high-quality (I DID NOTHING WRONG!) earlier than I get an opportunity to Enchantment his crazed ruling – A primary!”
Details First: Trump’s claims are comprehensively unfaithful. He was not required to submit a bond in an effort to enchantment Engoron’s ruling; he began the appeal process in February, greater than a month earlier than he posted the bond. And the requirement he really confronted – to submit a bond to stop assortment in the course of the enchantment course of – was not “a primary” or some uncommon requirement created by Engoron. In actual fact, the requirement is about out by New York state law, and it’s commonly utilized in civil circumstances within the state.
“That is actually the way in which that the NY guidelines of court docket are designed to work, and truly work daily,” Mitchell Epner, a former federal prosecutor who’s now a litigator in non-public apply in New York, advised CNN in March. He mentioned on the time that the principles being utilized to Trump “are utilized daily in New York courts, on verdicts of all sizes,” although the dimensions of the judgment towards Trump was notably giant. Epner added: “Donald Trump is both horribly misinformed or mendacity.”
And there’s no proof for Trump’s repeated claims that Engoron is “crooked” or “corrupt.”
Beneath New York law for civil circumstances, it’s normal to need to submit a bond (or money) within the full quantity of a judgment in an effort to safe a keep that forestalls assortment in the course of the enchantment. In March, Trump falsely claimed this was an unprecedented Engoron requirement. Later in March, after Trump’s attorneys advised a New York appeals court docket that it had confirmed inconceivable to safe a bond for greater than $450 million, the appeals court docket decided that Trump might put up a decrease quantity, $175 million.
Epner told CNN at the time that “it’s extremely uncommon that it could be lowered in any respect,” and “extremely uncommon that it could be lowered by this quantity,” although not unprecedented.
If Trump had not posted a bond and if New York Legal professional Common Letitia James had collected on the judgment, after which Trump had finally received the case on enchantment, James would have been required to return any collected cash to Trump together with curiosity.