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Fact check: Trump falsely claims he isn't allowed to appeal fraud ruling until he puts up big money
Former President Donald Trump made a series of false claims on Tuesday while railing against the judge who issued the US$454 civil fraud judgment against him.
Trump posted the claims on social media the day after his lawyers said in a court filing that he had been unable to persuade any company to provide the appeal bond he needs in order to stop New York Attorney General Letitia James, who filed the successful lawsuit against him, from beginning to collect on Judge Arthur Engoron鈥檚 judgment.
Trump baselessly accused Engoron and James of corruption and that they are 鈥渁sking me to put up massive amounts of money before I am allowed to appeal the ridiculous decision. Never done before.鈥
He also that Engoron 鈥渨ants me to put up Hundreds of Millions of Dollars for the Right to Appeal his ridiculous decision鈥 and 鈥淓ngoron wants me to put up the ridiculous fine (I DID NOTHING WRONG!) before I get a chance to Appeal his crazed ruling - A first!鈥
Trump in another post: 鈥淚 shouldn鈥檛 have to put up any money, being forced by the Corrupt Judge and AG, until the end of the appeal. That鈥檚 the way system works!鈥
- Panic mode sets in for Trump as he faces deadline for massive bond
- Full U.S. election coverage on CTVNews.ca's America Votes
Facts First: Trump鈥檚 claims are comprehensively untrue. He is allowed to appeal Engoron鈥檚 decision without putting up any money. In fact, he is already appealing; he , the first business day after Engoron made the ruling official. And what Trump is actually being required to do 鈥 put up cash or a bond for the full amount of the judgment to secure a stay that would prevent James from collecting during the appeals process 鈥 is not 鈥渁 first鈥 or something 鈥渘ever done before.鈥 The requirement is set out by , and it is regularly applied in civil cases in the state.
鈥淭his is literally the way that the NY rules of court are designed to work, and actually work every day,鈥 said , a former federal prosecutor who is now a litigator in private practice in New York. He said the rules being applied to Trump 鈥渁re applied every day in New York courts, on verdicts of all sizes,鈥 though the size of the judgment against Trump is notably large.
Epner added: 鈥淒onald Trump is either horribly misinformed or lying.鈥
Given that Trump appealed Engoron鈥檚 ruling before putting up any money, it is obvious that Engoron hasn鈥檛 made the right to appeal dependent on putting up a large amount of money. 鈥淗e鈥檚 allowed to appeal regardless鈥 he鈥檚 already appealing,鈥 said , president of a surety bond agency in New York.
James gave Trump a 30-day grace period before she starts to collect on the judgment. It ends on Monday, March 25, meaning that this date is a to find the cash or a bond unless a New York appeals court panel agrees to to allow him to avoid putting up the money until the end of the appeals process 鈥 which could be years from now. (The appeals court could alternately allow Trump to put up a smaller amount of money.)
If Trump did not secure a stay, James collected on the judgment, and then Trump eventually won the case on appeal, James would be required to return any collected money to Trump along with interest, Epner said.
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