Jump to content

dcbc

Burnt Ends
  • Posts

    8138
  • Joined

  • Last visited

  • Days Won

    1

Everything posted by dcbc

  1. So Michael Dell just sold $465M worth of Dell stock. I'm sure it's a coincidence, given how far in advance that had to have been planned. My real concern is that Trump starts an Onlyfans, in which case, I think Dell should just give him the money to take it down, lest the screen grabs show up on IPIHB.
  2. This article mentions the possibility of a restraining order on spending until he puts up the bond. https://www.npr.org/2024/03/19/1239524037/heres-what-happens-if-trump-cant-pay-his-454-million-bond
  3. Under the judgment, they would have oversight of some sort over the LLC, correct? That might make things flexible. I haven't dealt with this end of the law in some time, thankfully.
  4. I think I read it's held by a NY-based LLC. Food for though, Don-Don: don't shit where you eat.
  5. I'm in the second episode. It's solid.
  6. I was hoping I'd get a hidden verse. I am not disappointed in that effort. We need to get you into the studio.
  7. Who told Dotard it was a good idea to sue ABC? You don't fuck with THE MOUSE, especially if you can't afford to do so. Trump is about to have done to him, what he has been found liable of doing to others.
  8. Is that a Lee Greenwood b-side?
  9. Analogizing to the criminal sentencing cases, if the penalty falls within a range prescribed by statute, it is per se not in violation of the 8th amendment. If not, courts consider (1) the gravity of the offense and the harshness of the penalty, (2) the penalties imposed on other criminals in the same jurisdiction, and (3) the penalties imposed for commission of the same crime in other jurisdictions.
  10. I have no idea. And don't call me Shirley.
  11. I thought we were talking about the New York state real estate value inflation case and the resultant civil penalties/fines wrt 8th Amendment.
  12. Fair enough. But the point remains that the 8th Amendment rarely is the basis for a winning argument on appeal in a punishment context.
  13. I was using "cruel and unusual" as a catch-all for the 8th, for what it's worth.
  14. Well, his response was to my post about a criminal sentence for a relatively minor series of offenses. He was pointing out that the "penalty" language in the 8th Amendment applies to civil matters, such as forfeitures. I imagine a lot of that may be quite applicable in federal drug cases and asset seizure/forfeiture. I seem to think that even if this gets reduced on some basis, the nature of the case and the specific dollar amounts proven will make it pretty straight-forward to uphold against an 8th Amendment challenge.
  15. I'm now curious whether they made any objection at trial or in post-trial motions that the civil penalties amounted to disproportionate punishment under the 8th Amendment. I don't know about NY state, but you have to preserve that issue in Texas.
  16. It seems like, in this case, the civil penalties have a pretty straight-forward, dollar-to-dollar correlation to the conduct. So I'd guess it would be a pretty steep hill on appeal, all else being equal. I haven't seen too many winning appellate arguments arising out of the 8th Amendment and don't recall seeing anything on the civil forfeiture side of things (not that that means anything).
  17. They clearly aren't familiar with Rummel v. Estelle, 445 U.S. 263 (1980), in which the U.S. Supreme Court held that the imposition of a life sentence without parole for fraudulently obtaining an aggregate of $230 (spread across three separate offenses) under the Texas recidivism statute did not amount to cruel and unusual punishment. If that's not C&UP, very little seems to be.
  18. Plus, if you want to leverage as much as possible out of him, you make him sweat it out a little closer to the deadline. I don't know if the Saudis (or Trump for that matter) is as concerned with appearances of impropriety or the need for secrecy as your run-of-the-mill sociopaths might be.
×
×
  • Create New...