Nah. I think you’re right. They were told to have more info today in preparation for the 4/22 Hearing on the matter:
Today is the deadline for Trump to demonstrate the adequacy of the $175 million bond he obtained in order to delay payment of the judgment while he appeals the decision, according to a Wall Street Journal report.
New York Justice Arthur Engoron, who delivered the $454 million judgment against Trump, has scheduled a hearing on the bond issue for April 22.
Different deadlines for different aspects of the same issue. Scheduled a week apart, each on the first day of the week. That makes sense and it also is understandable how they’d be conflated.
Ok, so what happens if after today, Trumps lawyers fail to prove the adequacy of the bond? What are the consequences of today’s (hypothetical) failure?
My IANAL thought on this one is that it hugely depends on whether Engoron can be convinced that any material inadequacies in the form of the bond were due to incompetence, and not to malice (ie, a deliberate effort to cheat the Court).
He could give them yet another period to cure the problems (ie, fix all the deficiencies with the bond – wording, capital requirements, NYS licensure, and whatever else is out there, sufficient to actually ‘undertake’ the Surety of $175M).
But if he’s in a bad mood or simply cannot be convinced this was all well-meaning stupidity, ISTM that Engoron could authorize the State to begin trying to execute the judgment by going after Trump’s assets.
Which, I would think, would have no effect on Trump’s pending appeal of this case.
And it still seems to me that – though the bond amount was reduced to $175M, the underlying Judgment was not reduced – even by the Appellate Court (at least, not at this point), so the State would be trying to seize nearly half a billion in assets.
But I think we also still do NOT know whether Hankey did or did not actually offer – through Trump’s representatives – to bond the entire $454M.
That … is just another one of the moving pieces that – were I a betting man – I think could piss Engoron right the hell off.
I don’t see Option 1 being likely, given how much we now know about the scale of ‘deficiencies’.
Is it possible that both 2) and 3) could be enacted concurrently? So seizing assets can begin now, but if a proper bond is produced within the next ‘x’ days, the seizures are paused while the appeal goes ahead?
The amount that he has to pay “immediately” is $175M. This could be directly from him or in the form of a (good) bond. They do not get to collect the larger amount.
The problem with this is that trump has been caught in a lie- he told the Appellate court no one would possibly give him that huge bond, but it turns out a couple MAGA (real) billionaires said they would- and trump bragged about it.
At the very least, I hope if it’s #2, he can someone add a clause stating that if he feels they’re not working in good faith towards getting this taken care of, he can allow James to start collecting. Maybe even requiring them to keep him updated with daily progress reports and being CC’d on all communications. That could allow him to make sure they’re not just patting themselves on the backs for getting another delay.
I’m hoping as these trials finally get underway, either Engoron or Merchan find the magic bullet to put an end to all the delays. Merchan already gave him a ‘fuck around and find out’ warning. Merchan told Trump he could have the day off for Barron’s graduation as long as things are still happening on schedule.
Is this a “drafting error” or a deliberate action designed to either create more delay or nullify the bond?
ETA: Or is Trump trying to use the same investment account he used for Chubb to secure the bond in the Jean Carroll case to secure the new bond in the NY fraud case?