Pleading the Eighth? Ex-federal prosecutor says don't 'count Trump out yet' despite massive fine

As former President Trump continues to fight legal battles on multiple fronts, conjecture arose that the massive fine levied against him by New York Supreme Court First District Judge Arthur Engoron might be the straw to break the presumptive Republican nominee's back.

On Monday, Trump's attorneys said he has not been able to secure a $464 million appeal bond he needs following a New York civil fraud judgment against him. In a court filing, Trump's team said obtaining one is a "practical impossibility under the circumstances presented."

However, at least one prosecutor said despite appearances, the former president may have a sound legal case to shrink or put aside the $464 million bond that New York State Attorney General Letitia James said she will seek to otherwise enforce as he appeals.

"I would not count Trump out yet," former federal prosecutor Andrew Cherkasky told "The Story" on Monday.

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"He has a week yet to actually have this money secured in order to file the appeal," Cherkasky said.

The former U.S. Air Force judge advocate general noted Trump is already attempting to get a court's approval for a $100 million bond amount instead or procure a ruling nixing the bond entirely.

The Constitution, Cherkasky said, appears to be in Trump's corner.

With the bond and fine being as high as they are, Trump has a potential Eighth Amendment defense, as James has threatened to begin seizing his New York assets, which include The Trump Building at 40 Wall Street, a large stake in a commercial skyscraper, plus his iconic Trump Tower.

The Eighth Amendment decrees "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

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Judge Anil Singh, an Andrew Cuomo appointee to the state's appellate court, dealt another judicial blow to Trump in late February when he denied the former president a pause in the collection of the bond.

Singh, however, decided he would allow Trump and sons Eric and Don Jr. to continue running the family business during the appeals process – as Engoron has banned them from operating in New York for several years hereforth.

"[If] James actually does try to foreclose on some of his properties, I think he still has paths to move forward through federal court, ultimately to the Supreme Court to complain about Eighth Amendment violations," Cherkasky told "The Story."

The prosecutor added it seems "unbelievable" the Constitution would permit such a lien against Trump.

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"It does seem very unusual to have to essentially disgorge yourself of everything that you're still fighting for through the appellate channel," he said, noting Trump appears counter to the typical defendant attempting to delay or decrease fine enforcement.

Pregnant woman's suspected killer is first to be charged under NH fetal homicide law

A New Hampshire man appeared in court Monday on charges that he killed a pregnant woman and her unborn child by means of multiple blunt force injuries, the first time the state has charged someone with murder in the death of a fetus.

William Kelly, 28, appeared in Carroll County Superior Court in Ossipee with his lawyer, Caroline Smith. He did not address the judge. Smith said she planned to file paperwork that Kelly was waiving his arraignment and pleading not guilty. An email seeking comment was left for Smith.

Deputy Chief Medical Examiner Mitchell Weinberg determined that Christine Falzone, 33, was about 35 to 37 weeks pregnant at the time of her death in December.

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The Legislature passed a bill in 2017 that defines a fetus at 20 weeks of development and beyond as a person for purposes of criminal prosecution of murder. Republican Gov. Chris Sununu signed the bill into law. It took effect in 2018.

Kelly’s case is the first time the state had charged someone with murder in the death of a fetus, said Michael Garrity, a spokesperson for the attorney general’s office.

Kelly was indicted by a Carroll County grand jury on Friday on two counts of second-degree murder. He recklessly caused the deaths of Falzone and her fetus, according to the indictment.

Lawyers said they were waiting on forensic test results. They agreed to schedule a hearing in June and a potential trial date in 2025.

Kelly, who was being held without bail, has several criminal convictions. The most recent was for assault in 2019, police said.

Kelly initially was arrested in December on a single second-degree murder charge connected to Falzone's death.

Police said they found Falzone unconscious and not breathing at the Ossipee home she shared with Kelly. It was not immediately known if Kelly was the father of the unborn child.

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