Finally, an explanation from the Judge in this case. Trump’s attorney thanked the Judge for ending the rumor that the attorney failed to “check the box.”
This New York civil proceeding is a proceeding at equity, not a proceeding at law.
There is NEVER a jury in proceedings at equity. This practice predates the existence of the American colonies.
The Seventh Amendment Jury requirement does not apply to proceedings at equity, but only those under the common law.
A more thorough explanation of proceedings at equity below.
This can be a confusing issue, since only three States retain separate equity (Chancery) courts, Delaware, Mississippi and Tennessee.
The remaining States and the Federal Government combine common law and equity jurisdiction in most if not all of their courts. EDIT to add bankruptcy courts are equity only courts.
While this is true, it is a question of law - Trump’s legal team could have filed a request for a jury trial (it’s not like his team is known for their restraint in filing motions of questionable validity).
Whether the judge would eventually rule in their favor or not isn’t the point - I can certainly think of arguments Trump’s team could have made, for a jury trial. They wouldn’t be the strongest, but they wouldn’t be frivolous, either.
99.99% of the American public, to include the press, have no ■■■■■■■ clue what an equity proceeding is or even that equity proceedings exist.
99.99% of the American public believes that there are just civil proceedings.
They have no clue that civil proceedings are divided into “common law” proceedings and “equity” proceedings, particularly since these proceedings (except in three States) are conducted by the Statesame courts.
So it is not surprising reporters, who are generally laymen, would make an honest mistake, not realizing the case is an equity proceedings.
I don’t think reporters realized this was an equity proceeding or that equity proceedings even exist.
Even if they did, they likely aren’t aware of the fact that there are no juries used in equity proceedings.
This is clearly an honest mistake, not some sinister plot to get Trump.
Let’s not go that far. When control of a persons property is removed by a DA who ran on the position of getting that person, and when the sole decider of taking that property away is one person who loathes that person, then that person may consider himself “got”.
I don’t get how any if this nonsense given the facts you just laid out is allowed to stand.
I think the phrase is “kangaroo court”.
This simple issue of a judge vs jury trial could have been cleared up long ago…that it wasn’t leads me to question what else should have been cleared up long ago.
…and that may be the technical issue but that isn’t what I’m discussing. It’s the lie that Trump’s lawyers are soooooooooooooo incompetent…just like him…that they…
This is what was being sold to the American public by the lying MSM and there’s a thread right here in Hannity Land doing the same thing.
An attorney for Donald Trump has been vindicated after being previously accused of not checking a legal box to allow a jury to determine a trial’s outcome.
Alina Habba, a Trump ally who has represented him in various instances as his legal battles have accumulated, was widely chastised and claimed to not have requested a jury trial as part of New York Attorney General Letitia James’ $250 million civil fraud lawsuit against the former president, his adult sons and the Trump Organization.
I have been saying for four or five years now, ever since the Russia collusion thing was exposed as the lie that it is…that a significant amount of the lying Mr. Trump was accused of was actually liberals lying about Trump lying.
Pompous, arrogant, holier than thou lib liars who were so butt hurt that their saint Hillary didn’t win they chose a path of undermining a duly elected president not with better ideas and policy, but with fantastical stories about peeing on a bed in Russia that simply weren’t true.
And with this story, here we go again. They are trying to crucify the man over a victimless crime based on a case that I happen to believe is complete ■■■■■■■■■
Is Donald Trump a saint? No, of course not.
But here’s what I know…when Trump was president this nation was way better off than it is right now. The border was reasonably secure, stuff cost 20% less, and world war three wasn’t breaking out.
My personal opinion…if the democrat party has to lie and literally destroy the man, to make up stories to beat the man, now we are seeing clear lying in a courtroom about this jury thing in New York, what else is the left lying about, again?
And if leftists can’t beat him with their superior ideas, how determined are they to just destroy both Donald Trump and anyone who would dare to follow in his footsteps.
That probably meanders way off the thread topic but there you go.
Engoron has given more than $5,000 to Democrats over the past 25 years, the Daily Wire first reported. The money has primarily gone to local committees; his most recent donation from 2018 went to Manhattan Democrats.
He has procedural tools to over rule juries. If you are going to opine on legal procedure, please please please read up on it
