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onenote

(42,925 posts)
19. This isn't about whether Trump was deprived of the right to speak.
Wed Feb 21, 2024, 06:44 PM
Feb 2024

The issue raised by Trump's attorney has nothing to do with what went on at the trial. It relates to post-verdict procedure in New York governing the entry of the judgement of the court. In some instances, the deciding judge will conclude his decision with a directive to the parties to submit or settle a draft "judgment" implementing the court's decision. In such cases, the draft judgment has to be served by the winning party on the losing party and the losing party can offer a counter-proposal. The courts have indicated that this procedure makes sense for complicated verdicts whereas a simple procedure where the clerk is directed to enter judgment applies in other cases.

In this case, Judge Engoron did not direct the judgment to be submitted or settled by the parties. Rather, he simply directed the Clerk to enter judgment. Trump's attorney apparently -- at least this is what it seems like to me -- is arguing that because the NY Court of Appeals has stated that the use of the submit or settle procedure is "appropriate" where the verdict is complicated, the Judge's order should be read as including that directive, or maybe they're suggesting without actually saying it that the judge erred by not specifically stating that directive. However, as best I can tell, the decision relied on by Trump's attorney doesn't say that a submit or settle directive is mandatory in any particular case, but rather that it might be appropriate. Thus Engoron's direction to the clerk to enter judgment should end the discussion. The one complicating factor is that the AG went ahead and submitted the judgment even though the court didn't direct her to do so. I'm not familiar enough with NY Civil Procedure to know whether that was necessary or appropriate or whether it somehow triggers the service and counter-proposal requirements applicable to a judge's order to settle the judgment.

In this context, it is not a directive to "settle the case" as that term is commonly understood. It is to agree on the wording of the judgment based on the Court's order. While this case may seem complex, the judge's order is pretty clear and straightforward which is why, I suspect, Engoron simply directed the clerk to enter judgment based on the decision.

For anyone curious about this, here's a link to the decision that Trump's attorney relies on. I don't think it says what he's hoping it says. https://www.casemine.com/judgement/us/5914825fadd7b04934494a85

You. Aren't. In. Charge. underpants Feb 2024 #1
Thank you fir that @underpants. That's tghe problem, TSF thinks he is in control of everything. n/t iluvtennis Feb 2024 #4
"and get his hair wet..." mike_c Feb 2024 #2
They misnamed his book... getagrip_already Feb 2024 #3
They should have plea bargained bmichaelh Feb 2024 #5
By way of clarification: the Judge has NOT yet responded to the letter in question. onenote Feb 2024 #6
"Rawstory" is all about the clicks. They take others' work and "jazz it up." It shouldn't even be allowed in LBN. PSPS Feb 2024 #14
Isn't Raw Story owned by AlterNet now? soldierant Feb 2024 #18
I've got Judge Engoron's response,"Fat Chance!" Ray Bruns Feb 2024 #7
This appear to be a way to try to delay the entry of a final judgement LetMyPeopleVote Feb 2024 #8
Go pound sand. Novara Feb 2024 #9
Just what would a counter judgment entail. Old Crank Feb 2024 #10
He didn't have a Board of Directors- that had passed by me underpants Feb 2024 #13
He thinks he is in a movie dbonds Feb 2024 #11
Please, somebody tell me ! essaynnc Feb 2024 #12
Defense attorney files a moniss Feb 2024 #15
LOL "Trump was "deprived" the chance to speak " LOL IcyPeas Feb 2024 #16
This isn't about whether Trump was deprived of the right to speak. onenote Feb 2024 #19
Thank you for this moniss Feb 2024 #23
Agreed. And I'm guessing that is what Engoron will say when he addresses the issue. onenote Feb 2024 #24
Thank you! Ms. Toad Feb 22 #38
WOW, now Pendejo45's attorney thinks that courts should negotiate on decisions? ... aggiesal Feb 2024 #17
No. This is a peculiarity of how decisions are finalized in NY civil cases. onenote Feb 2024 #21
Isn't it cute how he thinks he has a say in the judgment? Novara Feb 2024 #20
See posts 19 and 21. onenote Feb 2024 #22
You had your chance to plea bargain... Mawspam2 Feb 2024 #25
Trump proposes ZERO fine. And the court pay him for his time, court costs, legal fees and damages. Irish_Dem Feb 2024 #26
Trump: "you aren't the boss of me! you aren't the boss of me!" C_U_L8R Feb 2024 #27
People in Hell want ice water Donny Yo_Mama_Been_Loggin Feb 2024 #28
Judge Engoron will have to remind them dflprincess Feb 2024 #29
that letter is just begging for court sanctions for the lawyers. ZonkerHarris Feb 22 #30
Actually, its not. onenote Feb 22 #45
No. Marcuse Feb 22 #31
When I was in Greece Old Crank Feb 22 #32
"That's NOT how it works! That's not how ANY of this works!" Oopsie Daisy Feb 22 #33
Who are you quoting? onenote Feb 22 #40
This funny commercial... Oopsie Daisy Feb 22 #42
Where did these moron attorneys Dump hires go to law school? SouthernDem4ever Feb 22 #34
They may be morons, but they are relying on a procedure that is part of New York law. onenote Feb 22 #39
Is there even such a thing? 2naSalit Feb 22 #35
Yes and yes. onenote Feb 22 #44
Engeron is following the same procedure followed in all cases Jersey Devil Feb 22 #36
The excerpt is a bit misleading. Ms. Toad Feb 22 #37
Trump had a chance to speak. He chose True Blue American Feb 22 #41
This isn't about Trump speaking or not speaking at trial. onenote Feb 22 #43
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