CBS News
Judge in Trump’s New York fraud trial explains why there’s no jury
Former President Donald Trump did not request a jury for his New York civil fraud trial, but even if he had asked for one, the answer would’ve been “no,” a judge said Wednesday.
Judge Arthur Engoron addressed an issue that had been the subject of speculation on social media and by Trump himself, saying it “keeps coming up,” even though he doesn’t “read the papers or go online to read about” the trial.
Engoron is presiding over the bench trial of a $250 million lawsuit filed in 2022 by New York Attorney General Letitia James, in which she accused Trump, two of his sons, their company and other executives of years of widespread fraud. Engoron said that in paperwork certifying that the case was ready for trial, James’ office checked a box suggesting it be a non-jury proceeding.
Trump’s team had 15 days to oppose that, but did not, Engoron said, because there was no point in doing so.
“It would not have helped to make a motion. Nobody forgot to check off a box,” Engoron said.
“Equitable” versus “legal” remedy
Engoron said the punishment being sought by the state is an “equitable” remedy, as opposed to a “legal” remedy.
A legal remedy is an award for damages, which can be determined by a jury. Earlier this year, a federal jury awarded the writer E. Jean Carroll $5 million in damages after finding Trump liable for sexual abuse and defamation. The damages were not an amount Trump took from her, but rather a sum the jury concluded might remedy the emotional, physical and reputational harm Trump had caused.
In the ongoing New York fraud case, the state is seeking $250 million in disgorgement, a kind of equitable remedy that is a clawback of ill-gotten gains — the amount of benefit that the state says Trump and the co-defendants personally received from alleged fraud. Authorities cannot ask a jury to make that kind of calculation.
“That leaves it up to the judge,” Engoron said.
Engoron earned the gratitude of one Trump lawyer who has insisted the lack of a jury was not due to an oversight.
“I would like to say thank you, your honor,” said attorney Alina Habba, before turning to reporters in the gallery. “Press, did you hear that? I didn’t forget to check the box.”
CBS News
The Uplift: Steve Gleason and more
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
CBS News
Eye on America: Inside an extreme sports camp, and a look at how libraries are innovating
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
CBS News
Former New York Gov. David Paterson, stepson attacked while walking in New York City
NEW YORK — Former New York Gov. David Paterson and his stepson were attacked in New York City on Friday night, authorities said.
The incident occurred just before 9 p.m. on Second Avenue near East 96th Street on the Upper East Side, according to the New York City Police Department.
Police said officers were sent to the scene after an assault was reported. When officers arrived, police say they found a 20-year-old man suffering from facial injuries and a 70-year-old man who had head pain. Both victims were taken to a local hospital in stable condition.
In a statement, a spokesperson for the former governor said the two were attacked while “taking a walk around the block near their home by some individuals that had a previous interaction with his stepson.”
The spokesperson said that they were injured “but were able to fight off their attackers.”
Both were taken to Cornell Hospital “as a precaution,” he added.
Police said no arrests have been made and the investigation is ongoing.
The 70-year-old Paterson, a Democrat, served as governor from 2008 to 2010, stepping into the post after the resignation of Eliot Spitzer following his prostitution scandal. He made history at the time as the state’s first-ever Black and legally blind governor.
GIPHY App Key not set. Please check settings