An appeals court decision to allow former President Donald Trump to pay only a fraction of his $454 million bond in the case brought by New York Attorney General Letitia James could foreshadow a decision from the appeals court to reduce the judgment, some legal experts say.
A New York state appeals court ordered Monday that the bond requirement be slashed from $454 million to $175 million.
"Given that the law requires a bond in the full amount of the judgment, seeing the appellate court sidestep that law and lower the amount suggests a degree of concern about the magnitude of the judgment," said attorney Adam Pollock, a former assistant attorney general in New York.
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Trump could still be saddled with the near half-a-billion dollar judgment if he loses the appeal, but a decision is several months away. The appellate court ordered lawyers to prepare the appeal for the September term, which means the oral arguments will likely take place sometime that month.
TRUMP' $454M JUDGMENT BOND SLASHED BY MORE THAN HALF IN APPEALS COURT RULING
"The court has no set timetable for decisions, but historically it has tended to issue decisions about four to six weeks after oral argument is held," said appellate lawyer Brian Ginsberg, a former assistant New York State Solicitor General, who also noted the court has discretion to extend the timeline.
"We’ll likely have to wait until the fall, and perhaps early winter, to see how the appeal ultimately plays out," Ginsberg said.
Some doubt a decision will be issued ahead of the election.
"The perception of a rush job - especially affirming the judgment - risks making the court seem political," said attorney Steve Cohen, former Chief of Staff to then-New York Attorney General Andrew Cuomo. "That’s something to be avoided on the eve of an election of great import."
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Each of the five appellate judges that signed onto Monday’s order were appointed by Democratic governors. Each also ran for trial court judge, an elected office, as a Democrat. A different panel of judges could hear Trump’s appeal in September, legal experts say.
