Story · September 8, 2023

Judge schedules Trump civil fraud trial for Oct. 2, without a jury

Bench trial set Confidence 5/5
★★☆☆☆Fuckup rating 2/5
Noticeable stumble Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: Correction: An earlier version misstated the timing of the Trump civil fraud trial schedule. On Sept. 8, 2023, Justice Arthur Engoron set the case for a bench trial beginning Oct. 2, 2023; the trial itself had not begun on Sept. 8.

New York Supreme Court Justice Arthur Engoron put the Trump civil fraud case on a calendar on Sept. 8, 2023: a bench trial set to begin Oct. 2 and, if needed, run through Dec. 22. The order settled one major procedural question by making clear the case would be tried to the judge, not a jury.

The key point is timing. Sept. 8 was the date of the scheduling order, not the start of testimony. Court records for the case later listed the proceeding as a bench trial beginning on Oct. 2, 2023. The trial then opened on that date.

The lawsuit was brought by New York Attorney General Letitia James and alleges that Trump and Trump Organization defendants misstated asset values and related financial information in business dealings. The Sept. 8 order did not decide those claims. It only set the format and dates for hearing them.

So the order did two things: it locked in a nonjury trial, and it gave both sides a trial window. It did not deliver a ruling on the merits, and it did not mean the trial had already started on Sept. 8.

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