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orangecrush

(26,415 posts)
Thu Aug 21, 2025, 11:36 AM Aug 21

New York appeals court has thrown out Trump's civil penalties for fraud



BREAKING: A New York appeals court has thrown out President Donald Trump’s massive civil fraud penalty.

The Associated Press (@apnews.com) 2025-08-21T15:31:55Z



We've gone full Putin.
33 replies = new reply since forum marked as read
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New York appeals court has thrown out Trump's civil penalties for fraud (Original Post) orangecrush Aug 21 OP
JMFC underpants Aug 21 #1
Full Putin. orangecrush Aug 21 #2
The prosecutors showed hundreds of millions of dollars both tax fraud and bank fraud? JT45242 Aug 21 #3
I don't understand the justification NJCher Aug 21 #4
Here is a little from another link MichMan Aug 21 #7
thanks. appreciate the effort to provide real info/answers stopdiggin Aug 21 #12
Another Trumplican judge D_Master81 Aug 21 #5
It was a 5 judge panel in NY state MichMan Aug 21 #6
And... DET Aug 21 #11
Have you read the decision? onenote Aug 21 #19
No DET Aug 21 #25
There's only one republican appointee on a court of 22 judges FBaggins Aug 21 #16
He's fucking 1,000,000% above the law. spanone Aug 21 #8
From $500 Million to Zero ??? C_U_L8R Aug 21 #9
probably returns to the lower court, to be 'corrected' stopdiggin Aug 21 #13
The court didn't really uphold his guilt FBaggins Aug 21 #17
Thanks for clarifying, FB C_U_L8R Aug 21 #22
The adjudication remains. Tommy Carcetti Aug 21 #10
Well, again the one problem continues. bluestarone Aug 21 #14
This is ForgedCrank Aug 21 #15
Not all of them were weak FBaggins Aug 21 #18
And now ForgedCrank Aug 21 #21
I'm curious as to whether anyone posting in this thread has read the opinions? onenote Aug 21 #20
A little over 1/3 of it FBaggins Aug 21 #23
Statement by AG James LetMyPeopleVote Aug 21 #24
Why is an Acting US Attitude (Habba) issuing a statement on this? underpants Aug 21 #26
This message was self-deleted by its author onenote Aug 21 #29
Presumably she was commenting as the attorney who represented Trump in the trial back in 2023-24 onenote Aug 21 #30
Okay. underpants Aug 21 #31
He's still liable - clarification from CNN. spooky3 Aug 21 #27
Some state judges sound like they want to moniss Aug 21 #28
Deadline: Legal Blog-The Trump civil fraud case is a mess. Another round of appeal could clean it up. LetMyPeopleVote Aug 22 #32
Thank you orangecrush Aug 22 #33

underpants

(192,455 posts)
1. JMFC
Thu Aug 21, 2025, 11:39 AM
Aug 21

KEY POINTS
A New York state appeals court voided a more than $500 million civil fraud penalty imposed on President Donald Trump.
The appeals court said "injunctive relief" ordered by the trial judge in the case was "well crafted to curb defendants' business culture" at the Trump Organization.
But the order that "directs that defendants pay nearly half a billion dollars to the State of New York, is an excessive fine that violates the Eighth Amendment of the United States Constitution," the appeals court said.

JT45242

(3,584 posts)
3. The prosecutors showed hundreds of millions of dollars both tax fraud and bank fraud?
Thu Aug 21, 2025, 11:52 AM
Aug 21

This was not excessive for a defendant that used these schemes for over a decade to defraud banks, the federal government, and the state government.

There is no justice for the rich -- "just us" syndrome -- courts make certain "just like us' and who donate to our campaigns are treated better than the poor.

You would think 200 plus years after Les Miserables that the justice system would improve -- but nope.

NJCher

(41,187 posts)
4. I don't understand the justification
Thu Aug 21, 2025, 11:54 AM
Aug 21

but will wait to hear what the legal commentators such as Andrew Weissman have to say.

Also, since the jackass is "president" now, can James refile?

MichMan

(15,805 posts)
7. Here is a little from another link
Thu Aug 21, 2025, 12:36 PM
Aug 21
Two judges wrote that they felt New York Attorney General Letitia James’ lawsuit against Trump and his companies was justifiable and that she had proven her case but the penalty was too severe. One wrote that James exceeded her legal authority in bringing the suit, saying that if any of Trump’s lenders felt cheated, they could have sued him themselves, and none did. One judge wrote that Engoron erred by ruling before the trial began that the attorney general had proved Trump engaged in fraud.


https://www.wftv.com/news/appeals-court-throws/W6NOI4URMNFNHL46DV47SI7KHA/

stopdiggin

(14,292 posts)
12. thanks. appreciate the effort to provide real info/answers
Thu Aug 21, 2025, 12:57 PM
Aug 21

what the opinions actually said - is at least marginally relevant .. ?

D_Master81

(2,166 posts)
5. Another Trumplican judge
Thu Aug 21, 2025, 11:55 AM
Aug 21

He just appeals until he finds a cult judge and then they do his bidding. Rinse and repeat until he keels over.

MichMan

(15,805 posts)
6. It was a 5 judge panel in NY state
Thu Aug 21, 2025, 12:03 PM
Aug 21

How did five "cult" judges all get appointed to an appellate court in a blue state?

DET

(2,169 posts)
11. And...
Thu Aug 21, 2025, 12:52 PM
Aug 21

Last edited Thu Aug 21, 2025, 03:43 PM - Edit history (1)

One of the judges who spoke out against the ‘excessive’ penalty is a Black woman who grew up in the Bronx. I doubt that she’s a MAGAt. In any case, I do not understand how five New York judges came to this conclusion. It just makes no sense.

DET

(2,169 posts)
25. No
Thu Aug 21, 2025, 03:51 PM
Aug 21

Couldn’t find it earlier. But I heard that it was a 2-2-1 decision, with each side presenting its rationale for their decision. The judge I referenced in my post was quoted in one of the articles that I read on the ruling, and I looked her up.

FBaggins

(28,392 posts)
16. There's only one republican appointee on a court of 22 judges
Thu Aug 21, 2025, 01:14 PM
Aug 21

He is on the panel of five that made this ruling - and he is the one who would have tossed the case entirely... but the other four are far from MAGA.

C_U_L8R

(47,945 posts)
9. From $500 Million to Zero ???
Thu Aug 21, 2025, 12:46 PM
Aug 21

The court upholds his guilt but disagrees with the penalty. OK. But why not reduce it to $400 Million, $200 Million, even $100 Million. A fraction of the original. Instead they give Trump a $500 Million gift and basically find him innocent but not innocent. WTF.

FBaggins

(28,392 posts)
17. The court didn't really uphold his guilt
Thu Aug 21, 2025, 01:17 PM
Aug 21

Two of the five effectively did. One would have tossed the case entirely and the remaining two would have sent it back to the lower court to start over if the defendant wasn't POTUS.

So the effect is to entirely toss the financial penalty and leave the non-financial penalty on hold unless/untill a higher court takes it up.

C_U_L8R

(47,945 posts)
22. Thanks for clarifying, FB
Thu Aug 21, 2025, 01:46 PM
Aug 21

How the fuck did he become so charmed. I don't get it. He gets away with everything.

Tommy Carcetti

(44,156 posts)
10. The adjudication remains.
Thu Aug 21, 2025, 12:50 PM
Aug 21

Even though the court found the penalty excessive.

Just like Trump still remains a convicted felon even though he was sentenced to no jail time or probation.

Cold comfort perhaps but it doesn’t change the overall court findings on legal responsibility.

bluestarone

(20,154 posts)
14. Well, again the one problem continues.
Thu Aug 21, 2025, 01:04 PM
Aug 21

That is DELAY! it will go back to another court, (or same court) THEN a new amount, THEN new appeal. Jesus Christ why can't they just STOP this bullshit?

ForgedCrank

(2,858 posts)
15. This is
Thu Aug 21, 2025, 01:08 PM
Aug 21

what I was referring to some time back and I got summarily lambasted for speaking out on it.
Almost all of these court cases were very weak at best. I would go so far as to say they are one of the reasons the voters turned against us.
These things have to be weighed while bathed in sunlight, not a filtered lens. Our opinions may matter, but like it or not, we also have to care about what other potential voters think. It was the wrong approach and the wrong path, and it's starting to show now in the form of real consequences now.
And to think some are suggesting a third impeachment. This is not the way to win, this is the path leading to self-destruction. We take MAGA down with solid policy and by promoting those. It's the only way
Flame way

ForgedCrank

(2,858 posts)
21. And now
Thu Aug 21, 2025, 01:24 PM
Aug 21

we should ask ourselves where the 34 felonies bullet point goes.
What has promotion of this nonsense done to the believability of what we say as a party?
The damage is quite serious and is the very reason I have been so vocal against this sort of thing.
I know I'm preaching to the choir now, I just have to say it out loud for some reason. I'm pretty upset overall about the degradation of progress we are suffering as a result of this sort of thing.

LetMyPeopleVote

(168,811 posts)
24. Statement by AG James
Thu Aug 21, 2025, 02:43 PM
Aug 21


https://abcnews.go.com/US/appeals-court-throws-trumps-454-million-civil-fraud/story?id=124848691&cid=social_twitter_abcnp

James, in a statement released following the decision, said that her case "has merit" and that she will appeal to the state's highest court in an attempt to reinstate the penalty.

"The First Department today affirmed the well-supported finding of the trial court: Donald Trump, his company, and two of his children are liable for fraud. The court upheld the injunctive relief we won, limiting Donald Trump and the Trump Organization officers' ability to do business in New York," the statement said. "We will seek appeal to the Court of Appeals and continue to protect the rights and interests of New Yorkers."

"Today's ruling by the New York appeals court is a resounding victory for President Trump and his company," said Trump's former personal attorney Alina Habba, who helped represent Trump in the case and was later named interim U.S. attorney for New Jersey. "The court struck down the outrageous and unlawful $464 million penalty, confirming what we have said from the beginning: the Attorney General's case was politically motivated, legally baseless, and grossly excessive."



Response to underpants (Reply #26)

onenote

(45,605 posts)
30. Presumably she was commenting as the attorney who represented Trump in the trial back in 2023-24
Thu Aug 21, 2025, 05:42 PM
Aug 21

spooky3

(37,796 posts)
27. He's still liable - clarification from CNN.
Thu Aug 21, 2025, 04:02 PM
Aug 21

"Thursday’s decision, which was not unanimous, leaves Trump still liable for fraud. The judges upheld his liability and tossed the penalty so the case could move forward for further appellate review. "

Letitia James is appealing the decision.

https://www.cnn.com/2025/08/21/politics/trump-civil-trial-trump-organization-appeal

LetMyPeopleVote

(168,811 posts)
32. Deadline: Legal Blog-The Trump civil fraud case is a mess. Another round of appeal could clean it up.
Fri Aug 22, 2025, 03:35 PM
Aug 22

New York Attorney General Letitia James has already signaled her intention to seek further review at the state’s highest court.

The Trump civil fraud case is a mess. Another round of appeal could clean it up.

New York Attorney General Letitia James has already signaled her intention to seek further review at the state’s highest court.
www.msnbc.com/deadline-whi...

Phyllis B Kantor (@wiselady11.bsky.social) 2025-08-22T15:54:35.908Z

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-civil-fraud-case-letitia-james-appeal-new-york-rcna226377

But that was just the beginning. The oddity grew upon seeing, toward the start of the first of three separate decisions from the five-justice panel, that “none of the three decisions garners a majority.”.....

That first opinion, by Justice Peter Moulton joined by Justice Dianne Renwick, said that those two justices thought New York’s attorney general acted lawfully in bringing the fraud case. But they said that ordering the defendants to “pay nearly half a billion dollars” to New York amounts to an “excessive” and unconstitutional fine.

The second opinion, by Justice John Higgitt joined by Justice Llinét Rosado, agreed that James had the authority to bring the suit but said they thought a new trial was warranted.

The third opinion, by Justice David Friedman, argued for dismissing the case outright in Trump’s favor.

So, we have three opinions saying different things. How did the panel attempt to come to a resolution?....

Though they thought a new trial was needed, their opinion said that “after much consideration, with great reluctance and with acknowledgement of the incongruity of the act,” they agreed to join the bottom line of Moulton and Renwick’s opinion that tosses out the massive financial penalty as well as sanctions on Trump defense lawyers, while otherwise upholding the case in James’ favor.

Citing the “truly extraordinary circumstances here, where none of the writings enjoys the support of a majority,” they said the parties “must have a decision on this matter and, concomitantly, the option of further review of this matter by the Court of Appeals.”....

James, who has denied any wrongdoing herself, said in a statement Thursday that the appeals court “affirmed the well-supported finding of the trial court: Donald Trump, his company, and two of his children are liable for fraud.” She said the court “upheld the injunctive relief we won, limiting Donald Trump and the Trump Organization officers’ ability to do business in New York. It should not be lost to history: yet another court has ruled that the president violated the law, and that our case has merit.” She concluded: “We will seek appeal to the Court of Appeals and continue to protect the rights and interests of New Yorkers.”


I followed the trial of this case and I listened to the oral arguments in this case. Prior to the oral arguments, the court had on its own motion reduced the bond that trump was required to post from $500 million or so to $175 million. I personally thought that the judge used the wrong measure of damages in his judgment and was expecting to see a remittitur or reduction of damages.

The Court of Appeals (the highest court in NY) is going to have fun in this case. The fact that court found that trump violated the law and upheld the injunctions is meaningful. trump and his kids are banned from being an officer in a New York corporation.
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