What happened to former President Donald Trump in New York was a blatant violation of the Eighth Amendment, and Mark Levin is out to prove it.
The Eighth Amendment to the Constitution provides that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments”.
A 2019 case between Tyson Timms and the state of Indiana set the standard for U.S. and state courts on what can and cannot be done regarding the Eighth Amendment.
Timms had previously pleaded guilty in Indiana state court to charges of trafficking in a controlled substance and conspiracy to commit theft.
The reaction was completely disproportionate to his crime.
At the time of his arrest, police seized a Land Rover SUV that Timbs had purchased for $42,000 with insurance money he received at the time of his father’s death. The Indiana trial court denied the state’s request to surrender Mr. Tinbu’s $42,000 car, finding it grossly disproportionate to the severity of Mr. Tinbu’s crime and therefore violating the Eighth Amendment. The court ruled that it was unconstitutional based on the excessive fine clause.
“It was a 9-0 decision, with not one judge concurring with the state prosecutors and the state government. There were seven bipartisan justices in the majority opinion. Two concurred. There were comments, but everyone agreed that it violated the Eighth Amendment,” Levin explains.
The Supreme Court ruled that these fines violate other freedoms and “may be used to retaliate against or chill the speech of political opponents.”
“In other words, that case that was filed against Donald Trump should never have been filed. There should never have been a sentencing hearing, there should have been no fines, there should have been no fines. There probably wasn’t,” Levin said.
“This case against Donald Trump is a bigger and more serious violation of the Eighth Amendment’s Excessive Fines Clause than any we’ve ever seen, and it’s far worse than the Timbu’s case,” he said. added.
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