New York State Case – Day 1

This is thoroughly covered by the news media. I just wanted to clarify a few points:

(1) Why is this a non-jury trial?

Engoron said that neither side sought a jury and that state law doesn’t allow for juries when suits seek not only money but a court order setting out something a defendant must do or not do.

Trump has complained that he is being railroaded by a biased judge. It’s unclear whether a jury trial would have been available under New York Executive Law 63(12), the statute under which the case was brought, and may legal experts believe it likely would not have been. Trump’s spokesperson emphasized this point in a statement.

“The Attorney General filed this case under a consumer protection statute that denies the right to a jury,” the spokesperson [for Trump] told The Messenger. “It is unfortunate that a jury won’t be able to hear how absurd the merits of this case are and conclude no wrongdoing ever happened.”

But the judge’s remark highlights that neither side sought to litigate the issue.

(2) Why can’t we see it on television?

Both this trial and the hush money criminal trial will not be televised. Generally, court cases can not be televised without special permission. The same with the federal January 6 case and the classified documents case. Now, the Georgia case, with 18 defendants, will be televised.

(3) Why is Trump allowed to attack prosecutors and the judge?

I think no gag order has been requested, as there is no jury which could be compromised if they heard these hostile statements.

(4) When is AG Letitia James planning to call important witnesses?

The list of potential witnesses, both for the prosecution and rebuttal have been provided to the courts. There are 28 witnesses. This list has #4 Allen Weiselberg, #6 Michael Cohen and #14 Ivanka Trump. The prosecution will end Eric, Donald Jr. and Donald Trump, followed by an expert witness on Commercial Banking and Disgorgement Amounts. There are 25 other potential rebuttal witnesses. To have the defense present their case, prosecution could wrap up in mid November – that’s just my guess.

Eric, Donald Jr. and Donald Trump are also on the defense potential list of witnesses. There is a very good chance they will not take the stand.

(5) Is there any credible evidence that this judge is biased towards Trump?

Zero. His handling of the case so far, has been praised by experts in civil lawsuits. Of course Donald Trump has a different opinion, “I have a Deranged, Trump Hating Judge, who RAILROADED this FAKE CASE through a NYS Court at a speed never before seen,” Trump wrote on his Truth Social platform.

That’s classic Trump, always on the offense.

(6) Is there any evidence that the Attorney General is targeting Trump?

Of course, it is her job to investigate wrong doing especially when Trump’s lawyer, Michael Cohen, testified in Congress and wrote a book about all the illegal activities of Donald Trump. Successfully prosecuting Allen Weiselberg was a major step in charging Donald Trump, his two sons and the Trump business in this case with fraud.

(7) Is Trump and his organization being judged more harshly than similar cases?

Yes, when there is strong evidence of persistent fraud, the New York State law is more harsh. I happen to agree with harsh laws for repeat violators. There is a lower bar to prove fraud.

Hopefully, they can conclude the trial before Christmas.

Stay tuned,

Dave

One thought on “New York State Case – Day 1

  1. Ooops. As of today, there is a gag order imposed by the judge. On Tuesday, the second day of the trial, the judge in the case barred Mr. Trump from commenting on court staff after the former president posted on social media disparaging the judge’s law clerk. Per the NY Times, today.

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