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Donald Trump's lawyers have said they will post a bond of $100million in the New York fraud case, prompting New York AG Letitia James to counter that he is trying to get away with paying just a quarter of a court judgement against him.
Trump's lawyers called the $464million fine 'exorbitant and punitive' and blamed new lending restrictions a judge imposed on him for making it impossible for him to raise the full amount.
James' office countered that Trump simply lacked the 'liquid assets,' after James has threatened to seize prized Trump real estate assets if necessary.
Trump's lawyers say in a new legal filing that Trump can't secure the full amount, and blame New York Justice Arthur Engoron for a ruling after Trump's fraud trial that bars the former president and his company. from appealing for bank financing for a period of three years.
'The exorbitant and punitive amount of the Judgment coupled with an unlawful and unconstitutional blanket prohibition on lending transactions would make it impossible to secure and post a complete bond,' defense lawyers wrote in a filing on Wednesday.
James' team fired back with their own filing. ‘There is no merit to defendants’ contention … that a full bond or deposit is unnecessary because they are willing to post a partial undertaking of less than a quarter of the judgement amount,' prosecutors write. 'Defendants all but concede … that Mr. Trump has insufficient liquid assets to satisfy the judgment; defendants would need to “raise the capital” to do so.’
The former president's attorneys have demanded a stay in the enforcement of the $355 million fine, plus interest, Justice Arthur Engoron handed down two weeks ago.
The interest is rising by $111,984 per day, and now Trump's legal team have revealed they will pay $100million to cover the bond.
That brings the total amount to $454 million with penalties and interest.
His latest legal move come as Judge Engoron received 'suspicious white powder' in and envelope sent to his New York Supreme Court office.
Donald Trump's lawyers have said they will post a bond of $100million in the New York fraud case and called the $464million find 'exorbitant and punitive'
Fire trucks and emergency responders swarmed the court as two members of staff were sent into isolation, but the judge was not exposed, Law360 reported.
'Appellants nonetheless plan to secure and post a bond in the amount of $100 million.'
The lawyers also argued it was 'unnecessary' to post a bond covering the full fine because of the Trump Organization's independent monitor.
Letitia James has already threatened to seize Trump's buildings and has taunted him by positing the added interest on X every day
Trump's latest legal move come as Judge Engoron received 'suspicious white powder' in and envelope sent to his New York Supreme Court office
The former president's legal team has argued that $100million is enough to cover the bond, and assets could be collected by James
Trump lawyer Alina Habba said earlier this month that Trump would post the entire amount
Trump's stake in the building at 40 Wall Street alone – which featured in his fraud trial – is estimated at $80 million. James mentioned the building as she spoke of seizing assets to secure payment
They argued assets in the Trump Organization could be collected by New York Attorney General Letitia James if needed.
'Those assets are not going anywhere, nor could they given the oversight of the Monitor and the practical realities of the existence of the very public Judgment,' they added.
James has already threatened to seize Trump's buildings and has taunted him by positing the added interest on X every day.
'If he does not have funds to pay off the judgment, then we will seek judgment enforcement mechanisms in court, and we will ask the judge to seize his assets', she told ABC News last week.
Trump and his attorneys have repeatedly blasted Engoron's fine, and Trump has called at the civil and criminal cases against him part of a 'witch hunt.'
Trump's team asked the judge to stay enforcement pending his appeal, saying that if James were to confiscate real estate assets it would cause 'irreparable harm' to his firm.
James in an interview mentioned Trump's building at 40 Wall Street, which is among the jewels in his real estate empire.
James' office did not immediately respond to requests for comment.
Trump stated in a deposition for the case that he had $400 million in cash, which would get him close to the total amount of the fines and penalties.
His lawyer Alina Habba said in a media interview earlier this month that Trump would in fact post the full amount.
'I can tell you what the rules are. Within 30 days, even if we choose to appeal this, we have to post the bond, which is the full amount and then some. We will be prepared to do that,'she told Fox News, although she also described posting bond as merely an 'option.'
In her own filing, James' office ripped Trump's contention that he couldn't pay.
While the AG 'opposes an interim stay in full, it would be especially inappropriate for the Court to stay enforcement of the following forms of relief—and particularly to do so without the statutorily required full undertaking by defendants to secure satisfaction of the judgment’s entire monetary component following appeal,' prosecutors wrote.
The filing cited other judgements against Trump – a reference to the jury award in the $83 million E. Jean Carroll defamation case – and said the value of his real estate holdings could go down while Trump appeals the Engoron order.
'Mr. Trump has other significant liabilities, including other outstanding money judgments against him... And the value of defendants’ real-estate holdings or other illiquid assets may substantially decrease during appeal, all while statutory postjudgment interest accrues.'