So President Trump is so far unable to obtain a bond to guarantee payment of the $464 million civil fraud judgment against him.

And of course, the 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 decision against him. 

This is all part of President Biden’s weaponized lawfare attack against Mr. Trump in order to stop him from becoming President again.

The Biden White House has orchestrated a massive lawfare campaign that aims to put Mr. Trump in jail for over 700 years, and take away all his cash, and his businesses.

Let me say iconic businesses, in New York, Florida, Scotland, and elsewhere. Mr. Trump remade the skyline of New York City. He rebuilt the Wolman skating rink, and on and on.

And here comes the New York State attorney general, Letitia James, running a scam that respected constitutional law professor Jonathan Turley calls “selective prosecution” and “mob justice.”

Take a listen to Ms. James running against Mr. Trump in her 2018 election: “No one is above the law, including this illegitimate president, so I look forward to going into the office of the AG every day, suing him, defending your rights, and then going home.”

Fox News legal expert Gregg Jarrett says, though, that Mr. Trump could file a petition in federal court regarding the 8th amendment. The Federal court would have to act quickly to issue a stay. But it may be Mr. Trump’s best strategy.

The 8th amendment says: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

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 8th 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 in 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.

From Mr. Kudlow’s broadcast on Fox Business Network.