Judge’s Penalty Against Trump Criticized by Former Prosecutor
On Thursday, former federal prosecutor Andy McCarthy described the penalty imposed by New York Judge Arthur Engoron on President Donald Trump as “silly” considering its context. The New York Court of Appeals ruled that the $355 million civil fine—issued by Engoron in February 2024—violated the Eighth Amendment’s prohibition on excessive fines, though it upheld other aspects of the judge’s ruling. Speaking on “American Newsroom” with Dana Perino and guest co-host Bill Melgin, McCarthy asserted that this financial penalty was clearly unjust and needed to be reevaluated.
“I think there’s a good chance Trump could be fully exonerated in the end. For the time being, though, the penalty stands,” McCarthy noted. He explained that while the Court of Appeal addressed other merits of the underlying cases, the decision concerning the excessive fine was based on principles established to prevent cruel or unusual punishments. He found the financial discrepancy to be completely unreasonable.
“The courts have also put in place some additional enforcement measures,” McCarthy added, referring to injunctions enacted by the court. “We still need to clarify certain aspects, particularly regarding how the Trump organization is being overseen. However, he is moving beyond the most critical part of the case. I believe there’s an impending appeal in the New York Supreme Court that will tackle issues complicating the appeals process, especially concerning details from financial officials.”
Letitia James initiated a lawsuit against Trump in September 2022, alleging that he inflated the values of his properties—including Mar-a-Lago—to secure loans. She had previously stated in her 2018 campaign for Attorney General that her investigation into Trump was necessary, deeming him an “illegal president.”
McCarthy also said that James’ actions have unexpectedly benefited Trump in the 2024 presidential race, pointing out, “I think Trump is in a stronger position because of this legal scrutiny.”
