On 10/13/2023 11:09 AM, Technobarbarian wrote:
On Friday, October 13, 2023 at 7:54:42 AM UTC-7, sticks wrote:
On 10/2/2023 1:38 PM, TechnoBoob wrote:
His lawyers didn't ask for one. All they had to do was put a check mark in a box to get a jury trial.
"Trump Won’t Have a Jury in His NY Fraud Trial Because His Lawyers Didn’t Request One"
"Engoron’s order also stripped the business certifications of the Trump Organization and related defendant corporate entities and directed a receiver to be put in place to “manage the dissolution” of those businesses. “Questions remain as to
how the receiver would dissolve the properties; whether the ruling would impact properties outside of New York state, including Mar-a-Lago; and whether the Trumps could transfer the New York-based assets into a new company out of state,” CNN reported.
Unsurprisingly, Trump reacted to this ruling with an angry, all-caps rant on his Truth Social account blasting Engoron and James for their “politically motivated Witch Hunt” — and interestingly included among his complaints, “I am not even
allowed a Jury!”"
https://www.mediaite.com/news/trump-wont-have-a-jury-in-his-ny-fraud-trial-because-his-lawyers-didnt-request-one/
TB
Once again the Boob is more than happy to spread disinformation about
Trump, but you just won't hear him taking it back, even when a judge
himself admits it's a lie. As usual, all this was known the day it
happened and any casual observer could have found the truth. Instead,
they push the lie and it *becomes* the truth. In the end, I guess the
Boob isn't the legal scholar he would have us believe, but just another
hack. It is so tiring.
<https://www.cbsnews.com/news/trump-trial-no-jury-fraud-new-york-judge-arthur-engoron/>
This case was filed this way specifically so that Trump would not be
afforded a jury. A Trump spokesperson said that the attorney general
“filed this case under a consumer protection statute that denies the
right to a jury.” It's just another total abuse of the legal and
judicial system by the left. A storm is coming.
Yeah, I've read arguments in both directions. I think the best argument for asking for a jury trial is that it gave him something he could take to the appeals courts with some chance of winning. Because they did not ask for one they can't take
that issue to a higher court.
Blah, blah, blah. My point was that the Subject of this thread, "Why
isn't #45 getting a jury trial in NY?" and then the first part of your
post, "His lawyers didn't ask for one. All they had to do was put a
check mark in a box to get a jury trial" was trolling fake news.
Claiming now to have "read arguments in both directions" does not change
the fact you chose to spread a false argument and liberal propaganda
first. It's a recurring theme.
Your new contention that now they can't appeal on that issue is a
non-starter. Of course Trump's legal people could have filed for a jury
trial and simply been told it was not possible under the statute and
rejected, and then appealed. All would have been useless as the appeals
courts would have no authority to force a jury trial the statue forbid
under the statute. Precedent is already set and a 2011 case on the same
law in the same court also denied a request for a jury
see: <
https://casetext.com/case/people-v-first-am-corp-2>
The appealable issue is the prosecutors use of the rarely used NY
Executive Law 63 in the case, which has equitable remedies, and then the
judge ruling on what appears to be alleged legal crimes without a jury
trial. The supreme court has ruled against this as a 7th amendment
violation. James is not the first prosecutor willing to abuse the right
of a citizen. Depending on your jurisdiction, some judges abide, some
don't. In general, the SCOTUS doesn't like trying matters of law
without a jury. The issue is a judge ruling on matters of law in an
equitable proceeding.
see:
<
https://constitution.congress.gov/browse/essay/amdt7-2-3/ALDE_00013445/>
It's a nuanced difference, but that is how the law works. It's not that
he didn't want a jury trial, it's that he couldn't have one and whether
or not the situation demanded one. That is what will be appealed and
why Trump has claimed the entire law (NY Executive Law 63) might be unconstitutional. It certainly has been used in an unconstitutional
manner against him.
<
https://www.cnn.com/2023/10/04/politics/trump-new-york-case-no-jury/index.html>
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