Trump Says 'It's Very Unfair That I Don't Have A Jury,' But His Legal Team's 'Mind-Blowing' Oversight Is To Blame — Experts Weigh In: 'I Honestly Can't Believe That Any Lawyer Hired on Such an Important Case Could Make This Mistake'

As former President Donald Trump stepped out of the courtroom on Monday afternoon following the first day of his trial, he remarked, "I think it's very unfair I don't have a jury.” 

But the oversight appears to rest with his legal team. His lawyers failed to ask for one. Instead, the case will proceed as a bench trial where Trump's fate will be in the hands of New York Judge Arthur Engoron, who has already made rulings against Trump.

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The Backstory

The civil fraud case was initiated in September 2022 by New York Attorney General Letitia James. This lawsuit targets not only the former president but also his children Eric and Donald Jr. and two other high-ranking executives in The Trump Organization. The trial commenced in a downtown Manhattan courtroom with the unexpected presence of the embattled former president.

Engoron already ruled that Trump engaged in fraudulent activities spanning several years. As a result, The Trump Organization was handed what is colloquially known as the "corporate death penalty." Now, the remainder of the lawsuit by the New York attorney general is under a bench trial.

A bench trial differs from a jury trial. In this format, the judge reviews all evidence and delivers the final verdict and potential penalties instead of a jury deliberating on the matter.

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The Implications

This development places the future of The Trump Organization squarely under Engoron's discretion. The same judge ruled against Trump and his attorneys in prior instances and has been publicly criticized by Trump as being politically motivated.

The attorney general's objectives are clear: to retrieve allegedly illicit profits the company gained from bank loans, impose a $250 million penalty on the defendants and revoke their privilege to operate in New York.

Despite Trump's public objections regarding the decision to proceed without a jury trial, the responsibility lies with his legal team.

The Legal Oversight

On July 31, the New York attorney general's office filed paperwork indicating it had wrapped up all pretrial preparations and were trial-ready. The form contained a checked box next to "Trial without jury." This action, or lack thereof by Trump's legal team, left many legal experts astounded.

Prominent legal voices have expressed their disbelief. MSNBC’s Katie Phang commented on the oversight, questioning how Trump felt about this seeming lapse by his lawyers. Former U.S. Attorney Harry Litman termed the decision as "mind-blowing" and emphasized the ease with which a jury trial could be requested. On X, formerly Twitter, he stated, "For Trump to have his fate in the hands of this judge, whom he has vilified, is malpractice by his lawyers and very ominous for him." 

Another defense attorney, Andrew Fleischman, expressed his incredulity that any attorney on a major high-profile case could overlook such a fundamental detail.  He commented, "I honestly can't believe that any lawyer hired on such an important case could make this mistake."

He further questioned the logic behind such a decision, stating, "But I also can't think of any strategic reason you'd want a bench trial in front of a judge who just sanctioned your lawyers for making frivolous arguments." 

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