(10-13-2023 09:39 AM)UofMstateU Wrote: (10-13-2023 09:12 AM)tanqtonic Wrote: (10-12-2023 09:41 PM)Was SoMs Eagle Wrote: (10-12-2023 05:18 PM)tanqtonic Wrote: (10-12-2023 04:29 PM)UofMstateU Wrote: NEW UPDATE FROM JUDGE: ENGORON ADMITS HE WAS WRONG
Donald Trump’s attorney, Alina Habba, did not fail to tick a box to request a jury trial in the New York civil fraud case despite widely circulated claims. Judge Arthur Engoron amended his comments of “nobody asked for” a jury trial on Wednesday following the false reports, arguing the claim “keeps coming up”. He explained that New York Attorney General Letitia James “clearly checked off non-jury” before the proceedings began.
https://thenationalpulse.com/2023/10/12/...its-judge/
The AG checking the 'no jury' box isnt the end of it as you seemingly make it to be above.
Only one party needs to 'check the jury box' for a jury trial to be considered. And Allina could have 'checked the jury box', and could have made a motion for it if the judge tossed it. And then nothing prevented her from arguing that motion.
The fact that there was no jury at the outset absolutely means that both sides *chose* non-jury. In that case, either Trump specifically chose to agree to a bench trial, or Habba never talked to her client about it and chose that route herself.
Bummer. Keep digging.
Bummer. Basic Civ Pro.
Its amazing how you keep doubling down on stupid.
We warned you not to fall for a Tom post that talked about the jury box not being checked. But it was anti-Trump, so you swallowed it.
When I presented you with lawyers from NJ, who were no fans of Trump, who said there was no jury trial option for this charge, you instead believed Tom. You didt believe the lawyers who deal with this in NY, you believed Tom.
ANd that doesnt touch the issue of any attorney, and a client (any attorney, any client) can *request* a jury trial (checking one of two boxes in a Note of Issue), make a motion, and argue it. Habba never filed any Notice of Issue. She simply went with the flow of a no jury trial.
Just like the judge commented.
I dont care which way she went -- but it is ridiculous to complain about it when they very much could have motioned it, and argued it.
Quote:Now that the judge has had to correct his own record, in which he falsely proclaimed Trumps team did not request a jury trial,
Read the above. Not just that, you misstate what the judge said. Here is his direct quote at the start of the trial: "“Neither side asked for one (a jury trial)". Kind of 180 degrees apart from what you say he proclaimed above.
Quote:and instead, a jury trial was not available due to the charge, you STILL BELIEVE TOM.
it may not. But again, *nothing* prevents an attorney, or a client (any attorney, any client) from *requesting* the jury trial, making a motion, and arguing that motion that a jury trial is proper. Sometimes a judge will grant that to a limited extent.
The only issue is Trump complaining loudly about the lack of a jury trial. Which is funny, because if he *really* wanted a jury trial -- nothing, and I mean *nothing* prevented him from instructing his attorneys to 'check the box for a jury trial', file a motion, and argue it.
Quote:And the sad fact is if Trump's attorney did check a box for a jury trial, you'd be sky screaming for them to get disbarred because they attempted to grab a jury trial when it wasnt available.
Trumps attorney, and Trump, has every right to request a jury (by checking the box for a jury in a Note of Issue), and argue for it in a motion.
Any attorney has that right. Any client has that right.
Period. Nice 'whatif' though.
https://www.newsweek.com/trump-lawyer-vi...al-1833941
Quote:"But Trump's legal team absolutely could have requested a jury, litigated the issue, and then appealed had they lost," Honig added.
https://www.axios.com/2023/10/04/trump-f...-york-jury
Quote: Trump has claimed it's "unfair" that the judge in the case opted for a bench trial, without a jury. But the court docket shows that while Attorney General Letitia James filed a document requesting a bench trial, Trump's lawyers never filed any corresponding document requesting a jury.
If Trump's team had requested a jury, then Judge Arthur Engoron would have had to consider both sides' requests.
https://www.abajournal.com/news/article/...fraud-case
Quote:To get a ruling on the issue, Trump’s lawyers could have filed a jury demand and then litigated their right to one,
https://www.snopes.com/news/2023/10/03/t...check-box/
Quote: As Schoen noted, however, there is no reason why the Trump legal team could not have at least attempted to [request a jury trial], as First American Corporation did in their failed appeal for a jury trial in 2011.
My issues isnt that Habba didnt request a jury triel -- that is clearly a decision for a defendant. My issue is that the defendant's team (and Trump) complained about no jury --- yet never lifted a finger to try and get one. When they could have actually requested it, made a motion, and argued for it.
Water off my back on whether they did or not -- their choice. But it is a choice -- and it is stupid to complain when they *could* have at least tried to get one, since it isnt entirely clear that a jury is available or not under that law.