Posted on 10/02/2023 10:27:25 AM PDT by Miami Rebel
Yep, especially because they can probably provide plenty of evidence to show this particular judge was biased.
What will happen is the judge will rule against Trump, then it will go up to the next level or beyond, and when it is overturned, that judge will be disbarred and removed from office for the fact that the judge is/was NOT IMPARTIAL.
That is the end goal here IMO.
I don’t think it’s the grounds, I think its the time it takes to hold the trial.
allow President Trump to get back to campaigning....until the next trial...and the next...and the next....
Is it? Not sure how.
“Much easier to appeal a bench verdict. A jury would have convicted him anyhow.”
You are absolutely correct. Jury verdicts are near sacred on appeal; a judge’s decision, not so much.
“And no victim or complaint.”
Lying on a loan application is a crime. Whether or not the bank fails notice it at the time. if you falsify your income when trying to get a mortgage on your house it’s still a crime even if you make your monthly payments.
Why did he say he wasn’t allowed to have a jury?
I dunno why he said it. Maybe his lawyers screwed up and didn’t want to let him know.
Precisely what I said. “reasonable doubt” isn’t involved, nor is unanimity of a jury, so there is no advantage to a jury trial.
In New York state?
Seems unlikely.
“What will happen is the judge will rule against Trump, then it will go up to the next level or beyond, and when it is overturned, that judge will be disbarred and removed from office for the fact that the judge is/was NOT IMPARTIAL.”
Good luck with that. I can’t find a single case in which that was an outcome. That’s a pretty far-fetched strategy....And even if it were valid, not choosing a jury doesn’t do anything to enhance its chances of success.
Unlikely. Trump has been involved in many lawsuits. For sure, he would have discussed the jury trial issue with his lawyers.
From the US Justice Dept., Bureau of Justice Statistics (2005):
“Courts reversed a somewhat higher percentage of appeals of jury trials (40%) than appeals of bench trials (25%).”
!. He wanted a jury trial. His lawyers screwed up.
OR
2. He didn’t want a jury trial. His lawyers followed his instruction.
If #1 then it’s his lawyers’ fault. If #2 then he has no reason to complain about the lack of a jury.
Under NY law, the parties in a civil action are allowed to submit to the judge proposed findings of fact and conclusions of law, which allows counsel an opportunity to define, if not control the narrative. In addition, the trial judge is required to articulate the factual basis for its decision.
With few exceptions, jurors are not required to justify their verdicts, and even if the trial judge or appeals court disagrees with the verdict, it will allow the verdict to stand, even if it would have reached a different conclusion.
In other words, judicial decisions resulting from a bench trial are much more transparent than jury verdicts and as a result, there is a greater chance of overturning a bench decision than a jury verdict on appeal..
Who is the injured party in this? Doesn’t seem like there is one.
This seems totally backwards to me.
Looking at the form, there are two boxes: one labeled "Trial By Jury Demanded" and one labeled "Trial No Jury." Constitutionally, a trial by jury is a right that can be waived, not waived unless demanded. I know that the 7th amendment is not incorporated into the states, but the NY State Constitution has rules for trials by jury and no jury.
What happens if neither box is checked? Shouldn't the default be a trial by jury, as this is the bedrock principle our constitutional republic?
-PJ
And when it comes to real estate asset valuations, there is no way to “lie” about something that is subjective by definition. That’s why lenders do their own appraisals instead of accepting the borrower’s estimates at face value.
Much easier to appeal a bench verdict. A jury would have convicted him anyhow.
........
You are correct IF attorneys challeng appealabe misdeeds of judge timely.
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