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 -
Link to tweet
@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
Threadreader - urolled thread - https://threadreaderapp.com/thread/1765513077871583267.html
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Lisa Rubin
@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/
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
no_hypocrisy
(46,115 posts)It wouldn't be fair to past defendants who had to follow the rules to pay up.
2naSalit
(86,634 posts)Special treatment. The desperation must burn.
Lovie777
(12,266 posts)and billionaire GQP donors. Truly as shithole stated before that he has the money and plus he himself is a billionaire along with Musk who supports him.
bedazzled
(1,761 posts)Too late to be respectful, dummy
ariadne0614
(1,729 posts)At some point, doesnt it become an abuse of the judicial system? Maybe if his lawyers and the media were required to drop the honorific title, and call him Citizen Trump, it wouldnt be so irritating.
Hotler
(11,424 posts)Ray Bruns
(4,098 posts)Vinca
(50,273 posts)Oopsie Daisy
(2,626 posts)SKKY
(11,810 posts)Why is he having so much trouble raising the cash?
twodogsbarking
(9,752 posts)Farmer-Rick
(10,175 posts)You count Putin's stolen loot.
Kennah
(14,270 posts)Kennah
(14,270 posts)CTyankee
(63,912 posts)That's my response.
getagrip_already
(14,752 posts)Weren't the best leadup to begging for help?
Not a superstar legal mind here. Just a guy who doesn't have 91 felony charges or over $500M in civil fines leveled against me, but what do I know?
And in full disclosure, I'm not pretty.
BumRushDaShow
(129,039 posts)You need one of these!
maxrandb
(15,330 posts)LetMyPeopleVote
(145,274 posts)Midnight Writer
(21,768 posts)What kind of woke-ass psychobabble is this?
Fuck his feelings.
NanaCat
(1,130 posts)It's not the court's fault that he failed to do so.
ancianita
(36,058 posts)Habba can go suck it.
coprolite
(180 posts)should be: "May Dog have mercy on your soul"
pfitz59
(10,381 posts)I sincerely hope so.
BumRushDaShow
(129,039 posts)I expect it would be like the civil fraud case that NY AG Tish James is attempting to get payment for - she noted the option to start seizing assets.
Novara
(5,842 posts)Fuck off, parking garage lawyer.
FakeNoose
(32,639 posts)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.
republianmushroom
(13,595 posts)trump showed E. Carroll a lot of mercy, didn't he.
TexasBushwhacker
(20,191 posts)If he had kept his fucking mouth shut and paid the first verdict, he wouldn't have been ordered to pay so much for the second ruling.
They man needs a KEEPER!
Kennah
(14,270 posts)Freethinker65
(10,022 posts)McConnell just endorsed Trump. Who is left to complain.
If Trump gets re-elected, he grabs more classified documents and sells them. As President, Conservative agenda driven SCOTUS will say he has immunity to do so.
wolfie001
(2,240 posts)Oh yeah, he was lying all along. My bad.
Blue Owl
(50,383 posts)SeattleVet
(5,477 posts)LetMyPeopleVote
(145,274 posts)D23MIURG23
(2,850 posts)LudwigPastorius
(9,148 posts)Aussie105
(5,397 posts)No, not sneakers. Valuable stuff.
I'm curious as to who wants to buy and how much will be offered for some of his NY investments.
Forced sales tend to not attract the best bids.