Alina Habba Asks Judge For Mercy
Source: Newsweek
Published Mar 07, 2024 at 4:27 AM EST
Donald Trump attorneys Alina Habba and John Sauer requested that a judge delay enforcing when the former president pays his $83 million defamation penalty to writer E. Jean Carroll or post an even greater amount to appeal. In a letter to New York Judge Lewis Kaplan, the attorneys asked for the stay on the ruling currently set to expire on Monday, March 11, for the former president either to pay Carroll or put up the $91 million cash bond needed to argue against the decision.
In January, Trump was ordered to pay Carroll a total of $83.3 million after a civil jury ruled he had defamed the former Elle columnist while denying that he sexually assaulted her at a Manhattan department store during the 1990s. In New York, a person must pay a court a cash bond that amounts to 110 percent of the judgment to appeal the ruling of a civil case.
On Tuesday, Habba and Sauer also requested that the court reduce the defamation penalty, or grant a new civil trial, while arguing that Trump was prevented from testifying about "his own state of mind" during the original proceedings, and that Kaplan gave the jury an "erroneous" instruction on what they can define as common-law malice. In their letter, Trump's lawyers suggested that before the current deadline for the judgement is finalized on March 11, time will be "needed to finalize bond arrangements" if the motion is denied, and therefore the former president is asking that the court issue a ruling on the stay motion.
"Requiring President Trump to post a bond or other security before this Court's ruling on his stay motion threatens to impose irreparable injury in the form of substantial costs (which may or may not be recoverable)," the letter said. "Accordingly, President Trump respectfully requests that, to the extent that his stay motion remains under the Court's consideration through [Thursday], the Court enter a temporary administrative stay of execution until three business days after the Court rules on his stay motion."
Read more: https://www.newsweek.com/alina-habba-donald-trump-cash-bond-defamation-1876766
This is new.
Link to filed letter (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.313.0_1.pdf
Per the article from MSNBC contributor -
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@lawofruby
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In a new letter tonight, Alina Habba is asking Judge Lew Kaplan -- who has yet to rule on Trump's request to stay enforcement of the $83.3 million E. Jean Carroll judgment as his post-trial motions are resolved -- for some mercy. 1/
6:01 PM · Mar 6, 2024
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Lisa Rubin
@lawofruby
13h • 5 tweets • 1 min read •
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In a new letter tonight, Alina Habba is asking Judge Lew Kaplan -- who has yet to rule on Trump's request to stay enforcement of the $83.3 million E. Jean Carroll judgment as his post-trial motions are resolved -- for some mercy. 1/
Specifically, she notes that the existing stay expires Monday and asks that if Kaplan does not rule by tomorrow, he should at least stay enforcement of the judgment for three business days after that ruling. 2/
What does this mean? Trump could be having difficulty arranging for a bond of $91-plus million, which is what will be required to cover the judgment and interest. 3/
—and expecting that Kaplan will deny his request for a longer stay, he is trying to buy himself time to obtain one or free up sufficient cash. FIN.
p.s. Here's the letter, as filed in SDNY: .storage.courtlistener.com/recap/gov.usco…
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But did he stop? Oh hell no, he trashed her, the judge, the jury, the prosecutors, even the court officials.
And he would NOT SHUT UP, even during the trial.
There you go Chump ... it's all on you. Pay up now.
