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“Mind-blowing”: Legal experts warn that lawyer’s incredible “screw-up” is “very ominous” for Trump

Trump facing bench trial because "nobody asked for" a jury trial, judge says

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Former U.S. President Donald Trump appears in the courtroom with his lawyers for the start of his civil fraud trial at New York State Supreme Court on October 02, 2023 in New York City. (Brendan McDermid-Pool/Getty Images)
Former U.S. President Donald Trump appears in the courtroom with his lawyers for the start of his civil fraud trial at New York State Supreme Court on October 02, 2023 in New York City. (Brendan McDermid-Pool/Getty Images)

New York Judge Arthur Ergoron on Monday said that he is holding a bench trial in New York Attorney General Letitia James fraud lawsuit against former President Donald Trump because “nobody asked for” a jury trial on either side, The Messenger’s Adam Klasfeld reported. “Trump isn’t getting a jury trial in his $250m civil fraud suit brought against him by New York AG James because his legal team didn’t request one on the paperwork,” explained The Guardian’s Hugo Lowell.

Legal experts were stunned by the revelation, characterizing it as a blunder by the former president’s lawyers. “So Alina Habba didn’t demand a jury trial?!” wrote MSNBC legal analyst Katie Phang. “I wonder how Trump feels about this screw-up by his legal team.” Former U.S. Attorney Harry Litman called the decision “mind-blowing.”

“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,” Litman wrote on X, formerly Twitter. “It’s incredibly easy to ask for a jury trial. You just check a box on a form. Hard to believe that Trump understood that his lawyers hadn’t done it when he’s been savaging the judge who is now the factfinder in his huge fraud trial,” he added. “I honestly can’t believe that any lawyer hired on such an important case could make this mistake,” wrote defense attorney Andrew Fleischman. “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.”

By Gabriella Ferrigine

Gabriella Ferrigine is a former staff writer at Salon. Originally from the Jersey Shore, she moved to New York City in 2016 to attend Columbia University, where she received her B.A. in English and M.A. in American Studies. Formerly a staff writer at NowThis News, she has an M.A. in Magazine Journalism from NYU and was previously a news fellow at Salon.


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