July 7, 2024

Judge Rejects Jury for Donald Trump’s New York Civil Fraud Trial

2 min read

Judge Arthur F. Engoron attends the Trump Organization civil fraud trial, in New York State Supreme Court in the Manhattan borough of New York City, U.S., November 6, 2023. REUTERS/Brendan McDermid/Pool

In a recent development regarding former President Donald Trump’s New York civil fraud trial, Judge Arthur Engoron clarified that even if Trump had requested a jury, the answer would have been a resounding “no.” This statement comes as a response to ongoing speculation on social media and comments made by Trump himself about the absence of a jury in his trial.

Judge Engoron presides over the bench trial of a $250 million lawsuit initiated in 2022 by New York Attorney General Letitia James. This lawsuit implicates Trump, two of his sons, their company, and other executives in allegations of widespread fraud spanning several years.

The judge explained that in the paperwork certifying the case as trial-ready, James’ office had indicated a preference for a non-jury proceeding. Trump’s legal team had a 15-day window to contest this decision but chose not to do so. Judge Engoron stated that making a motion to request a jury would have been futile in this case, as it wouldn’t have impacted the trial’s format.

The crucial distinction made by Judge Engoron is that the remedy sought by the state in this case is “equitable,” rather than “legal.” In a legal remedy, damages are awarded, and a jury can determine the appropriate amount. For instance, earlier this year, a federal jury awarded $5 million in damages to writer E. Jean Carroll after finding Trump liable for sexual abuse and defamation. However, the damages in that case were not a sum taken from Trump but rather an amount the jury deemed necessary to address the emotional, physical, and reputational harm caused by Trump’s actions.

In contrast, the ongoing New York fraud case seeks $250 million in disgorgement, an equitable remedy that essentially amounts to a clawback of ill-gotten gains. It represents the benefit that the state alleges Trump and his co-defendants personally obtained from the alleged fraud. Importantly, authorities cannot involve a jury in making this type of calculation.

As Judge Engoron pointed out, this leaves the decision in the hands of the judge himself. Trump’s attorney Alina Habba expressed gratitude to the judge, emphasizing that the absence of a jury was not due to an oversight. She noted, “I would like to say thank you, your honor,” before addressing reporters in the gallery and stating, “Press, did you hear that? I didn’t forget to check the box.”

In summary, Judge Arthur Engoron clarified that the absence of a jury in Donald Trump’s New York civil fraud trial was not due to oversight but rather the nature of the remedy being pursued by the state. This trial centers on the state seeking a substantial sum in disgorgement as an equitable remedy, making the involvement of a jury irrelevant in determining this particular form of relief.

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