So, Donald Trump is so far unable to obtain a bond to guarantee payment of the insane $464 million civil fraud judgment against him and, of course, the insane trial judge Arthur Engoron has stipulated that without putting up the requisite cash, Mr. Trump is denied the ability to appeal the grossly disgraceful civil fraud against him. 

This is all part of Joe Biden's weaponized lawfare attack against Mr. Trump in order to stop the former president from becoming president again. The Biden White House has orchestrated a massive lawfare campaign that aims to put Trump in jail for over 700 years, take away all his cash and his businesses, or let me say, his iconic businesses in New York, Florida, Scotland and elsewhere. Trump remade the skyline of New York City. He rebuilt the Wollman Skating Rink to help thousands of families and on and on.  

Now here comes this crazy New York State Attorney General Letitia James running a scam that respected constitutional law professor Jonathan Turley calls "selective prosecution" and "mob justice." 

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Take a listen to this James woman running against Trump in her 2018 election: "No one is above the law, including this illegitimate president. I look forward to going into the Office of Attorney General every day, suing him, defending your rights and then going home." 

That is selective judgment. That is mob justice if it ever was. However, Fox News legal expert Gregg Jarrett is going to be here in a minute. He says Mr. Trump could file a petition in federal court regarding the Eighth Amendment. The federal court would have to act quickly to issue a stay, but it may be Mr. Trump's best strategy.  

The Eighth Amendment says, and I'll quote, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. " That's the Eighth Amendment and of course, the $464 million penalty is supposed to bear some relation to harm done, but there was never any harm done because there were no victims and all the lenders to the Trump business empire made tons of profits.  

So, I believe, as a non-lawyer, that Alan Dershowitz and Gregg Jarrett are both correct in advising Mr. Trump to go for an Eighth Amendment constitutional appeal. That would be a fitting end to this Soviet-style New York sham lawfare battle against Mr. Trump, who, by the way, is leading and all the swing state polls on the way to a potential victory in November, despite what the Democratic crazies are trying to do to him.  

This article is adapted from Larry Kudlow’s opening commentary on the March 19, 2024, edition of "Kudlow."