"The fine itself violates the Constitution," Dershowitz said on "Newsline." "It violates both the due process clause, and since it's in effect a criminal punishment, because it's administered by the state, and it also violates the Eight Amendment prohibition on excessive fines."

Dershowitz lamented that James ran her campaign for attorney general on a platform of going after Trump.

"In America, you don't run for office on the campaign promise to get an individual and then say, Maybe I'll find evidence, maybe I'll find the law, but what I'm promising you now is without regard to what the facts of the law are, I'm going to get Trump."