Source: https://www.theblaze.com/shows/levintv/defending-innocence-trump-s-legal-standoff-with-letitia-james
February 27, 2024
What’s happened in New York against former President Donald Trump is a blatant violation of the Eighth Amendment, and Mark Levin is going to prove it.
The Eighth Amendment reads: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
In a case from 2019 between Tyson Timbs and the state of Indiana, the standard was set for the United States, as well as the state court, on what it can and cannot do regarding the Eighth Amendment.
Timbs had pleaded guilty in Indiana State Court to dealing in a controlled substance and conspiracy to commit theft.
The response was completely disproportionate to his crimes.
At the time of his arrest, the police seized a Land Rover SUV Timbs had purchased for $42,000 with money he received from an insurance policy when his father died. The Indiana trial court denied the state’s request to turn over his $42,000 car, determining that it would be grossly disproportionate to the gravity of Timb’s offense, and therefore unconstitutional under the Eighth Amendment’s excessive fines clause.
“It was a nine to zero decision, not a single justice agreed with the state prosecutors and the state government, not one. The majority opinion had seven bipartisan justices. There were two concurring opinions, but they all agreed that it violated the Eighth Amendment,” Levin explains.
The Supreme Court ruled that these fines undermine other liberties and can be “used to retaliate against or chill the speech of political enemies.”
“In other words, that case that was brought against Donald Trump should never have been brought. There shouldn’t even have been a sentencing hearing, there shouldn’t have been fines, there shouldn’t have been anything,” Levin remarks.
“This case against Donald Trump is a greater, more grave violation than anything we’ve ever seen under the excessive fines part of the Eighth Amendment, and much worse than the Timbs' case,” he adds.
Surveying The Pieces Of Trump's Empire
Source: https://web.archive.org/web/20150916205354/http://articles.philly.com/1990-06-06/business/25911318_1_castle-and-trump-plaza-trump-shuttle-trump-talksFrom Inquirer Wire Services
Posted: June 06, 1990NEW YORK — The call of Donald Trump has been clear and constant for years: Buy, buy. But the tycoon's talk could turn to bye-bye if he's forced by an imminent cash crunch to peddle his yacht, his hotels or his casinos.
Trump - whose name adorns nearly everything, from airplanes to board games -also may have to wave arrivederci to the glitzy, fast-lane lifestyle he enjoyed during his rise in the 1980s.
Creditors reportedly are pressing the billionaire-turned-multimillionaire for cash, and negotiations are under way that could compel Trump to sell huge chunks of his empire and reorganize his holdings. The real estate and casino magnate has a reported $2 billion in bank debt.
The Taj Mahal, his centerpiece Atlantic City casino, is said to be for sale. The Trump Princess, his yacht, is on the block. The Trump Shuttle, his airline, is up for grabs.
And his estranged wife, Ivana, still awaits her share, with her $25 million prenuptial agreement looking better all the time. Trump's empire, once estimated at $1.5 billion, now is worth about $500 million, Forbes magazine said last month.
"He'll have to trim the fat: Get rid of the boat, the mansions, the helicopter," one unidentified banker involved in the Trump talks told The Wall Street Journal about Donald's woes.
Among his biggest problems, analysts say, is the extravagant Taj Mahal, which opened April 1 to much fanfare but is failing to generate enough cash to allay lenders' fears about Trump's ability to meet his long-term obligations.
Trump, through spokesman Dan Klores, declined to comment on the situation yesterday.
One person who predicted troubles for the Taj Mahal was Marvin Roffman, the Philadelphia analyst who says he was fired in March by Janney Montgomery Scott Inc. because of those forecasts.
Roffman, apparently vindicated by the reports of layoffs and losses at the Taj, bit his tongue yesterday. "My attorneys have cautioned me, and I really can't talk," he said. Roffman is seeking compensatory and punitive damages from Trump and Janney Montgomery, where he had worked for 16 years.
Privately, many securities analysts say the Taj, which took in $36.5 million last month, is siphoning off business from his two other casinos, Trump Castle and Trump Plaza, in an already shrinking market.
In May, the Castle's revenues were off 17 percent from May 1989; the Plaza's receipts, however, were up 23 percent, boosted by the $10 million loss of Japanese gambler Akio Kashawagi.
Real estate experts also link Trump's problems to a weaker real estate market, particularly in the Northeast. "Trump's publicized problems are due to a weak real estate market and excessive lending on real estate in the late 1980s," said David Shulman, director of real estate research at Salomon Bros.
Also of import are Trump's marital status and his prenuptial agreement with his estranged wife, Ivana, who is president of Trump's Plaza Hotel in New York.
Until the marital issues are resolved, it is unclear who controls the Trump assets, making it harder for Trump to get credit, said one analyst, who declined to be identified. These issues are "more than trivial," the analyst said.
News of Trump's financial woes have sent the three Trump casino junk-bond issues into a tailspin.
Trump has outstanding loans of about $2 billion, and bond investors are concerned that Trump's bankers would press the developer to skip bond payments this month unless they can be assured of interest and principal payments due them.
Trump has been uncharacteristically quiet. In a terse statement issued Monday, Trump called his assets "among the best in America."
"They are unique (and) well-positioned and they have great long-term value," said the statement from the Trump Organization. "We are confident we will arrive at a mutually beneficial solution."
TRUMP'S EMPIRE
* The Trump Shuttle - Purchased from Eastern Airlines for $365 million in cash. Assets include 17 aircraft and valuable landing slots and gate space. Trump has said the shuttle may be sold, if he gets the "right price," $500 million to $600 million. Business Week magazine recently surveyed experts who estimated it could fetch $350 million.
* Trump Tower - A posh, 68-story tower on fashionable Fifth Avenue that contains some of Manhattan's most-expensive condos and a shopping arcade for tourists. Forbes magazine puts the tower's market value at $100 million; Trump thinks it should command $200 million.
* Plaza Hotel - The 18-story, 1,000-room hotel overlooks Fifth Avenue and Central Park. Purchased from Allegis Corp. for $408 million, Trump's experts value it at $600 million to $700 million. But a Business Week survey estimates the value at $450 million.
* Trump Plaza - A 175-unit Manhattan residential cooperative; most of the units have been sold.
* Trump Parc - A 350-unit condominium on Manhattan's Central Park South. Most units have been sold. Forbes estimates it is worth less than half of Trump's valuation of $111 million.
* Trump Plaza Hotel & Casino - Trump paid $73 million for the 600-room hotel and casino in Atlantic City. Trump values the Plaza at $637 million, but Forbes thinks the price is closer to $616 million.
* Trump Castle Casino Resort - This Atlantic City casino was purchased for $320 million. Trump believes its going price should be about $650 million, but Business Week's experts say the value is closer to $324 million.
* Trump Taj Mahal Casino Resort - $1.1 billion was pumped into this mega- project. Forbes' estimated valuation for the Taj is the same as Trump's - $834.7 million.
* Alexander's - Trump paid nearly $70 million for a 27 percent stake in the New York retailer and was planning to develop its real estate holdings into large commercial and retailing centers. The current market price for the stake is about $65 million; Trump values it at $159 million if sold at a premium.
* West Side Rail Yards - Trump paid $95 million for 76 acres of undeveloped land on New York's Upper West Side, land that he has planned to turn into a massive office, hotel and apartment complex. But strong community groups are opposed to his grand plans. Trump values the property at more than $600 million but Business Week says the undeveloped land may fetch only $160 million.
* Foundling Hospital - This East Side Manhattan building is still a hospital, awaiting construction of a new building. Trump plans eventually to build new apartments on the site.
* Grand Hyatt Hotel - A 1,400-room hotel in Midtown Manhattan owned in equal partnership with Hyatt Corp. Forbes' and Trump's market valuations for his 50 percent stake are $70 million.
* Trump Plaza of the Palm Beaches - Residential towers with 220 units each in Palm Beach, Fla.. About half remain unsold. Forbes says Trump values this property at $43 million, but it thinks the towers are worth $30 million.
* Mar-A-Lago Estate - Trump's Florida home, purchased for $15 million.
* Trump Princess Yacht - One of the world's largest private yachts, bought by Trump for $30 million. Trump recently put it on the auction block, saying he wanted a better one.
No comments:
Post a Comment