Trump asks judge to delay the penalties in his civil fraud case
Written by ABC Audio All Rights Reserved on February 22, 2024
(NEW YORK) — The defendants in former President Donald Trump’s civil fraud case have asked the judge to delay the enforcement of penalties in the case, including Trump’s $354 million fine and temporary ban on running a business in New York.
A lawyer for the defendants in the case asked Judge Arthur Engoron to delay the enforcement of penalties by 30 days, to allow for an “orderly post-judgment process.”
The request stemmed from a dispute about the case’s judgment order, a court document that, at the end of a trial, starts the clock for the penalties in a case. Once Judge Engoron signs the judgment order, Trump gets 30 days to pay the judgment or post a bond, which would then allow him to appeal the case.
Lawyers for New York Attorney General Letitia James submitted a draft judgment on Tuesday, prompting criticism from Trump’s defense lawyer Clifford Robert.
“To deprive Defendants of the opportunity to submit a proposed counter-judgment would be contrary to fundamental fairness and due process,” Robert wrote in a letter to the court Wednesday morning.
Later in the morning, Engoron requested that Robert submit a written response articulating what would make the defense’s judgment different from the proposed order. Robert replied Wednesday afternoon by arguing that the attorney general’s judgment broke with standard practice and included at least two errors.
“The Attorney General has not filed any motion on notice, nor moved to settle the proposed Judgment,” Robert said in the filing. “Her unseemly rush to memorialize a ‘judgment’ violates all accepted practice in New York state court.”
Citing the “magnitude” of the penalties in the case, Robert requested a stay of penalties by 30 days if Engoron opts to sign the attorney general’s proposed judgment.
“Given that the court-appointed monitor continues to be in place, there is no prejudice to the Attorney General in briefly staying enforcement to allow for an orderly post-judgment process, particularly given the magnitude of Judgment,” Robert wrote.
Trump was fined $354.8 million plus approximately $100 million in pre-judgment interest last week after Engoron determined that he inflated his net worth to get more favorable loan terms.
The former president has denied all wrongdoing and has said he will appeal.
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