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NY AG files civil fraud suit against Trump

Resume said:
I'm thinking they didn't request a jury trial because Trump didn't think he could get a sympathetic jury; now he can piss and moan to the media and also too may have ground for an appeal.
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I think Trump missed a golden opportunity. Check the box for a jury trial then have it denied by the judge based on NY law prohibiting jury trials for equitable relief which precedent strongly dictates. Then he could have railed about how unfair it was because he asked for a jury trial and was denied and point to the checked box. Trump would say "he denied me a jury trial!" and "I'm completely innocent."

Speaking to Newsmax on Monday, Habba denied that the reason Trump has not got a jury trial in the fraud case is because his legal team "had this great option to have a box checked" which they did not take, describing the suggestions as a "misconception."

Habba argued that the case was filed under New York Executive Law 63(12), which she described as a "very narrow, not appropriately used section of the law" for consumer protection where a jury are generally not required.
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https://www.newsweek.com/donald-trump-jury-trial-fraud-alina-habba-box-tick-1831589

It boils down to whether the charge is equity based.

N.Y. CPLR 4101 explicitly states that "equitable defenses and equitable counterclaims … shall be tried by the court" — i.e. without a jury. Several courts in New York have ruled that there is no constitutional right to a jury
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But by not checking the box, they have forfeited the right to appeal a jury request based on exceeding equitable relief.
 
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marting said:
I think Trump missed a golden opportunity. Check the box for a jury trial then have it denied by the judge based on NY law prohibiting jury trials for equitable relief which precedent strongly dictates. Then he could have railed about how unfair it was because he asked for a jury trial and was denied and point to the checked box. Trump would say "he denied me a jury trial!" and "I'm completely innocent."



https://www.newsweek.com/donald-trump-jury-trial-fraud-alina-habba-box-tick-1831589

It boils down to whether the charge is equity based.

But by not checking the box, they have forfeited the right to appeal a jury request based on exceeding equitable relief.
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It should be noted that having a jury would unlikely change the result. The Trump Organization was found by a jury to have committed 17 counts of tax fraud. Four different grand juries indicted him. Another jury found that Trump committed sexual assault. Juries haven't exactly bedn kind to Trump.

And this judge already ruled that the Trump Organization had been committing persistent fraud. The trial is about 6 other factors including the amount of disgorgement. Whether there was intent by the defendants to defraud.

Trump can appeal the verdict based on the absence of a jury but that is a loser.
 
Legal eagle has published a video on the subject. He says that Trump is in big trouble. Could hardly be worse. The video could be mistaken for a comedy, except that he is talking about real events.
 
acbytesla said:
Trump can appeal the verdict based on the absence of a jury but that is a loser.
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Sure, but...

Trump could care less whether a jury would be worse than a bench trial. Trump is playing to the public and everything he does is to create the impression he is being treated unfairly. His base is swallowing it. He likely knows what a DC jury would do but that doesn't matter. It's all about how he can sell crap to his base.

And, sadly, it's working all too well.
 
marting said:
Sure, but...

Trump could care less whether a jury would be worse than a bench trial. Trump is playing to the public and everything he does is to create the impression he is being treated unfairly. His base is swallowing it. He likely knows what a DC jury would do but that doesn't matter. It's all about how he can sell crap to his base.

And, sadly, it's working all too well.
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That's not going to save his business. All these buildings in New York State will see the Trump name removed. The business and its assets will be sold off. He can't move the assets either. This is going to be a judgment for between $250 million and $1.5 billion dollars.

His moronic lawyers didn’t even file for a stay for 6 days. They dropped their vexatious suit against the judge yesterday. They dropped another vexatious suit against Michael Cohen today. Trump in fact has never received more votes in an election than his opposition. He loses in court more often than the Washington Generals.
 
acbytesla said:
They dropped another vexatious suit against Michael Cohen today. Trump in fact has never received more votes in an election than his opposition. He loses in court more often than the Washington Generals.
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Without prejudice. Smart since Cohen's deposing of Trump would go pretty badly for Trump.

As for vote totals, Trump won in 2016 with 2.1% less popular vote than Hillary then lost in 2020 because that increased to about 3%.

The large majority of popular vote polls this year have given Biden less than that 3% edge he will need if not actually showing Trump leading. Grim.
 
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marting said:
Sure, but...

Trump could care less whether a jury would be worse than a bench trial. Trump is playing to the public and everything he does is to create the impression he is being treated unfairly. His base is swallowing it. He likely knows what a DC jury would do but that doesn't matter. It's all about how he can sell crap to his base. And, sadly, it's working all too well.
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I agree with that 100%. Trump knows his base well: ignorant or just plain stupid, gullible cultists who couldn't think critically if their lives depended on it.
 
rjh01 said:
Legal eagle has published a video on the subject. He says that Trump is in big trouble. Could hardly be worse. The video could be mistaken for a comedy, except that he is talking about real events.
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Interesting, thanks.
 
"A New York appeals court judge on Friday rejected Donald Trump’s attempt to stop the ongoing $250 million civil fraud trial, but temporarily halted the process of breaking up the former president’s businesses.

"Associate Justice Peter Moulton issued the ruling after a brief hearing Friday afternoon. It leaves Trump’s empire untouched for at least another month and perhaps offers the former president and his family a glimmer of hope."

https://www.cnn.com/2023/10/06/politics/donald-trump-judge-engoron/index.html

According to Legal Eagle, this case relates to only 10 of the 500-odd Trump NY business, but also relates to losing iconic sites such as 40 Wall St and the Aberdeen golf course.
 
Orphia Nay said:
"A New York appeals court judge on Friday rejected Donald Trump’s attempt to stop the ongoing $250 million civil fraud trial, but temporarily halted the process of breaking up the former president’s businesses.

"Associate Justice Peter Moulton issued the ruling after a brief hearing Friday afternoon. It leaves Trump’s empire untouched for at least another month and perhaps offers the former president and his family a glimmer of hope."

https://www.cnn.com/2023/10/06/politics/donald-trump-judge-engoron/index.html

According to Legal Eagle, this case relates to only 10 of the 500-odd Trump NY business, but also relates to losing iconic sites such as 40 Wall St and the Aberdeen golf course.
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This is kind of misleading. The initial order only dissolved 10 business entities out of 500.
But the judge ordered that Donald Trump, Donald Trump Jr, Eric Trump and the other defendants may not do business in New York. If this is upheld, a lot of the other businesses will have to be sold.
 
marting said:
Sure, but...

Trump could care less whether a jury would be worse than a bench trial. Trump is playing to the public and everything he does is to create the impression he is being treated unfairly. His base is swallowing it. He likely knows what a DC jury would do but that doesn't matter. It's all about how he can sell crap to his base.

And, sadly, it's working all too well.
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Ding! Ding! Ding! We have a winner!
 
Surprised there isn't more traffic in this tread, given how the Trial is going...

Looks like there are suggestions that Weisselberg may have lied during his testimony at the trial. This also triggered other issues, namely that the Trump organization might have failed to produce all required documents during discovery process.

From: CNBC
New York Attorney General Letitia James’ office suggested Thursday that the Trump Organization failed to produce evidence in the $250 million fraud trial of Donald Trump and his company, citing a recent report accusing a key witness of lying under oath.... The letter cites a Forbes article accusing Weisselberg of lying during his sworn testimony last week in the civil trial in Manhattan Supreme Court. The article...said Weisselberg falsely claimed on the stand that he had “never focused” on the valuation of Trump’s apartment.... “While Defendants have produced some emails in that exchange, it appears they have not produced a later set of emails” between Weisselberg and a real estate expert, Steven Ekovich.

I would hope that Trump would get dinged for failure to produce evidence, and Weisselberg would go back to jail for lying during the trial (a violation of his deal/probation.) Sadly it will probably be swept under the rug.
 
https://www.bbc.co.uk/news/world-us-canada-67175328

A New York judge has threatened Donald Trump with jail for a "blatant violation" of a gag order in his civil fraud trial.

Judge Arthur Engoron said in court that the former president had failed to remove a social media post mocking a clerk at the court.

Judge Engoron demanded Mr Trump take down the "untrue and disparaging" post about the clerk earlier this month
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