Subduction Zone
Veteran Member
Okay, that may have been what the judge would have decided. I can quote you where the New York state constitution guarantees trial by jury. If they had asked for a jury and the judge denied it that would have been a basis for appeal. Perhaps the judge would have been right, perhaps not. But it does not matter"Judge Arthur Engoron has already found Trump and his company violated 63(12) by fraudulently misstating the value of their assets on financial documents—though the trial is still moving forward on other claims—noting in his ruling the statute only required James to prove the Trump Organization’s statements of financial condition were “false and misleading” and that the company “repeatedly or persistently” used those statements to “transact business.”
Trump—who opposes Engoron’s ruling and denies any wrongdoing or fraud—has attacked the statute since the civil fraud trial against him began, claiming the law is “VERY UNFAIR” because no victim is required and does not give him the right to a jury trial and falsely alleging Tuesday it’s “never been used before.”
The statute does not require intent to commit fraud or anyone to be harmed by the fraud, and it does not give Trump the inherent right to a jury trial, with legal experts noting to CNN that while civil lawsuits that request monetary damages are entitled to a jury trial, cases seeking other “equitable relief”—meaning penalties that force the defendant to take or refrain from taking some kind of action, rather than just paying money—can be decided by a judge alone, which is more common with 63(12) violations and is the case in this trial.
Engoron explained at the trial last week that while Trump could have opposed James’ request for a non-jury trial—which his attorneys didn’t do—it “would not have helped,” because James’ request for equitable relief should be left up to a judge to decide"
Trump Keeps Attacking This Statute In N.Y. Fraud Case—Here’s Why His Claims Lack Merit
The statute gives the New York AG broad power to prosecute Trump and his company for alleged fraud.www-forbes-com.cdn.ampproject.org
Neither side asked for a jury. Each side could have and then the judge would have had to have decided. But neither side did. So we will never know if that interpretation of the law was correct for this case.
Do you not understand that Trump's attorneys never asked for a jury? And it is clear in New York state law that if one does not petition for a jury in a civil case that none will be given.
