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March 19, 2024
Trump Seeks Protection From
Late Justice Ginsberg’s Landmark Stuart Kings Ruling
By: Sorcha Faal,
and as reported to her Western Subscribers
An informative new Security Council (SC) report circulating in the Kremlin today first noting President Putin assessing: “I have every reason to believe that no democracy, at least when it comes to electoral campaigning, can be seen in some Western nations, including the United States”, says he then observed: “What is it like to vote by mail in the United States of America?...Who is in control there?...No one...They bought a vote for $10, and then they bought thousands of votes, came in droves, threw them in until midnight, and that's it...Here you have democracy...We do not have anything like that”—an observation joined by the world’s most watched and popular podcaster Joe Rogan assessing about the socialist persecution of President Donald Trump: “It’s crazy how many times they’ve indicted him because it seems like what happens in banana republics, but just somehow or another, it’s okay?...Is it possible that you’re doing this because this guy’s running for president?...Because it kind of seems like it to the world...It looks like you’re trying to prosecute your political opponents...360-something million dollars...That’s insane...It’s a lot of money...Where does it go?... Because there are no victims, right?...That’s a problem...Elon tweeted that...It’s just kind of bonkers”.
The “360-something million dollars” referenced by Rogan, this report notes, is the “uncharted territory” civil fine slammed on President Trump by radical socialist Manhattan Supreme Court Justice Arthur Engoron in a case masterminded by leftist lunatic New York State Attorney General Letitia James, who made a “trophy pledge” during her election campaign to “bag” her quarry President Trump, whom she branded “illegitimate”.
In what’s factually called a “Kafkaesque Civil Trial” that denied President Trump a jury, this report continues, legal experts shockingly observed: “The New York State laws used to go after Trump have NEVER been used in this way, historically, and while Trump may owe some back state taxes, if Judge Engoron is right, not a single bank claimed that it had been defrauded by Trump in the loans it had made to him...This is truly a victimless crime....Ms. James and Judge Engeron have essentially turned a vaguely worded New York State law into a modern day Bill of Attainder targeted at Donald Trump both for political gain and because they despise his political views and desperately want to call his truthfulness into question as he runs for President of the United States in 2024...The civil fraud judgment against Donald Trump is a travesty and an unjust political act rivaled only in American politics by the killing of former Treasury Secretary Alexander Hamilton by Vice President Aaron Burr”.
Under New York State law, this report details, President Trump most post a bond before he can appeal the outrageous ruling, but would require him to post 120% of what he owes with collateral — amounting to $557.5 million—President Trump employed the world’s largest privately held insurance brokerage firm Lockton Companies to secure the bond he needs, but whose President Gary Giulietti of the Northeast for the Lockton Companies revealed in an affidavit yesterday: “Based upon my more than 50 years in the insurance industry as well as my actual experience over the past several weeks during which I have been in contact with some of the largest insurance carriers in the world in an effort to try and obtain a bond for Defendants, it is my opinion that obtaining an appeal bond for $464 million (the "Judgment Amount") is not possible under the circumstances presented...Despite scouring the market, we have been unsuccessful in our effort to obtain a bond for the Judgment Amount for Defendants for the simple reason that obtaining an appeal bond for $464 million is a practical impossibility under the circumstances presented...Simply put, a bond of this size is rarely, if ever, seen...In the unusual circumstance that a bond of this size is issued, it is provided to the largest public companies in the world, not to individuals or privately held business...In the surety world, a bond of $100 million is considered large; an appeal bond of $464 million is commercially unattainable for a privately owned company...Such would be the case even for a company with billions of dollars in real estate unless they have cash or cash equivalents approaching $1 billion so as to collateralize the bond and have sufficient capital to run the business and satisfy its other obligations”.
Upon receiving the Lockton Companies affidavit yesterday, this report notes, the attorneys for President Trump filed a 29-page motion to stay the need for a bond, wherein it pleaded:
In deciding whether to
enter a stay, the Court may consider "any relevant factor, including the presumptive
merits of the appeal and any exigency or hardship confronting any party".
Here, Defendants' ongoing
diligent efforts have proven that a bond in the judgment's full amount is
"a practical
impossibility".
These diligent efforts have
included approaching about 30 surety companies through 4 separate brokers. A bond requirement of this enormous
magnitude-effectively requiring cash reserves approaching $1 billion, is
unprecedented for a private company.
Even when it comes to
publicly traded companies, courts routinely waive or reduce the bond amount. Enforcing an impossible bond requirement as
condition of appeal would inflict manifest irreparable injury on Defendants,
and defeat or impair this Court's appellate jurisdiction. By contrast, waiving the bond requirement
will impose no cognizable harm on the Attorney General.
The case involves no actual victims and no award
of restitution, and she is fully protected by Defendants' real-estate
holdings. This factor alone warrants a
stay.
The manifold errors in Supreme
Court's judgment further warrant a stay.
Among other errors, Supreme Court disrespectfully disregarded this
Court's previous ruling in this case that the statute of limitations applies
and that "the continuing wrong doctrine does not delay or extend these
periods".
Moreover, the Supreme Court
ridiculously valued Mar-a-Lago, in Palm Beach, Florida, as being worth "between $18 million and
$27.6 million",
understating its actual value by about 50 to 100 times. Supreme Court imposed a massive disgorgement
award in the absence of any evidence that the alleged misrepresentations caused
the supposedly ill-gotten proceeds, in violation of the black-letter
requirement that the disgorged amount must be causally connected to the
violation. Supreme Court double- and
triple-counted damages, and committed elementary
errors in the process, such as conflating the proceeds of a sale with the
profits from that sale. Such basic
mistakes would have been prevented if this case had been allowed to be
adjudicated in the Commercial Division, where it belonged.
These errors establish that the disgorgement award
is unconstitutional.
It is "grossly disproportional" in violation of the Excessive
Fines Clause of the United States Constitution and a parallel clause of the New
York Constitution, as well as basic principles of due process and selective
prosecution.
Because the judgment is unconstitutionally
excessive, the bond requirement violates the Eighth Amendment as well, because
it imposes an irrational, punitive sanction.
This case has no victims,
no damages, and no actual fmancial losses. None of Defendants' sophisticated business
partners testified that they would have changed any transaction in light of the
alleged "misrepresentations" and all of these sophisticated parties, along with
their law firms and other service providers, were well aware of the ironclad
disclaimers present in all of the financial statements at issue.
With President Trump’s attorneys invoking the Eighth Amendment in their motion to stay yesterday, this report concludes, it placed the outrageous socialist ruling in the cross hairs of the landmark “Timbs v. Indiana” case decided unanimously by the United States Supreme Court on 20 February 2019, which concluded: “The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States”—Associate Justice Clarence Thomas wrote in his concurring opinion: “The Eighth Amendment’s prohibition on excessive fines applies in full to the States”—Associate Justice Neil Gorsuch wrote in his concurring opinion: “There can be no serious doubt that the Fourteenth Amendment requires the States to respect the freedom from excessive fines enshrined in the Eighth Amendment”—and whose majority opinion on behalf of the entire Supreme Court was written by the late Associate Justice Ruth Bader Ginsberg, who wrote in her landmark unanimous ruling:
The Excessive Fines Clause
traces its venerable lineage back to at least 1215,
when Magna Carta guaranteed that a Free-man shall not
be amerced for a small fault, but after the manner of the fault; and for a
great fault after the greatness thereof, saving to him his contenement.
As relevant here, Magna Carta required that economic sanctions “be proportioned to the
wrong” and “not be so large as to
deprive an offender of his livelihood”.
No man shall have a larger amercement imposed upon him, than his circumstances or
personal estate will bear,taking no position on the
question whether a person’s income and wealth are relevant considerations in
judging the excessiveness of a fine.
Despite Magna Carta, imposition of excessive fines persisted. The 17th century Stuart
kings, in particular, were criticized for using large
fines to raise revenue, harass their political foes, and indefinitely detain
those unable to pay.
For good reason, the
protection against excessive fines has been a constant shield throughout
Anglo-American history: Exorbitant tolls undermine other constitutional
liberties.
Excessive fines can be used, for example, to
retaliate against or chill the speech of political enemies, as the Stuarts’
critics learned several centuries ago.
[Note: Some words and/or phrases appearing in quotes in this report are English language approximations of Russian words/phrases having no exact counterpart.]
March 19, 2024 © EU and US all rights reserved.
Permission to use this report in its entirety is granted under the condition it
is linked to its original source at WhatDoesItMean.Com. Freebase content
licensed under CC-BY
and GFDL.
[Note:
Many governments and their intelligence services actively campaign against the
information found in these reports so as not to alarm their citizens about the many catastrophic Earth changes and
events to come, a stance that the Sisters of Sorcha Faal
strongly disagree with in believing that it is every human being’s right to
know the truth. Due to our mission’s conflicts with that of those governments,
the responses of their ‘agents’ has been a longstanding
misinformation/misdirection campaign designed to discredit us, and others like
us, that is exampled in numerous places, including HERE.]
[Note:
The WhatDoesItMean.com website was created for and
donated to the Sisters of Sorcha Faal in 2003 by a small group of American
computer experts led by the late global technology guru Wayne Green (1922-2013) to
counter the propaganda being used by the West to promote their illegal 2003
invasion of Iraq.]
[Note:
The word Kremlin (fortress inside a city) as used in
this report refers to Russian citadels, including in
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