In my latest book, Break the Law, which has become a New York Times Bestseller, I argued that the nearly $500 million fine imposed on Donald Trump by Judge Arthur Engoron in the civil fraud case initiated by Letitia “Tish” James was harsh and unprecedented.
Recently, we’ve learned that a group of five judges in New York’s appeals division finds Trump’s fines to be “excessive,” suggesting they may breach the Eighth Amendment of the Constitution.
As I mentioned in Break the Law:
Trump has often faced losses—it’s a pattern that’s hard to ignore—especially given the political context. The fines handed down for so-called victimless crimes seem overblown. Engoron and James arrived at an astounding figure, treating it almost flippantly: over $354.8 million in interest! – Up to $450 million.
This trial felt more like a spectacle than anything else. With the interest piling up, the total penalty could exceed $5 billion, accumulating at a staggering rate of over $87,000 daily. When I interviewed Trump in March 2025, they were still holding onto his money. By spring 2025, the $175 million bond was still on the rise.
Tish James and the state of New York should compensate Trump for the interest on the $175 million they retained under questionable pretenses.
Honestly, I’m puzzled by the calculations that led to this staggering amount. It’s as if they just pulled it from thin air. It’s remarkably higher—more than four times the outrageous $80 million Trump had to pay E. Jean Carroll.
The penalty in the E. Jean Carroll case should also be dismissed for similar reasons. And, as I discuss in Break the Law, James isn’t done yet. She’s pursuing a lifetime ban on Trump and top officials from the Trump organization within New York’s real estate sector, while also requesting a five-year ban for Trump’s sons, Donald Jr. and Eric. Engoron, seemingly obliging, enforced a three-year restriction on Trump’s involvement in New York operations along with other penalties affecting his own company.
James and Engoron seem to have strayed from civil legal principles, imposing fines that resemble criminal penalties. Nearly $5 billion in a case of zero damages is excessive and appears arbitrarily chosen.
This shouldn’t come as a surprise, given James’s intentions—her campaign has significantly focused on targeting Trump. She previously expressed her eagerness to take action against him, calling it a satisfying endeavor. Since the verdict, she has been actively updating her social media about the massive interest Trump supposedly owes. This behavior infringes on his rights and undermines the principle of equal protection under the law.
If Tish James continues her legal practice in this country, it could mean our judicial system is simply a tool for political manipulation.
This is unacceptable.
One clear example of this issue is the recent inquiry by the Justice Department into James’s actions, aiming to rectify the infringements on Trump’s rights. This could be a crucial opportunity to restore fairness in our legal system.
This article draws from my book Break the Law.
