Arthur Engoron is a Denier.
Associate People's Judge Arthur Engoron (the name recommends he got away from the pages of a Kurt Vonnegut book– it does rhyme with Harrison Bergeron. Etymologists have actually not yet eliminated if it is a corrupt derivation of the elision of “oblivious idiot.”) has actually rejected the Constitution. More particularly, he has actually rejected the function and goals of law, of the typical law system in the Anglo-American custom of jurisprudence, and he has actually rejected much of the private humans rights ensured to Donald Trump and his organizations and relative.
How do we understand all this? By reading his (92 page!) viewpoint and order went into in the New York State Supreme Court this previous Friday, February 16, 2024. I read it, so you do not need to. And if you remove absolutely nothing else from this or any other view of the viewpoint, ensure this: Donald Trump and his household devoted no criminal activity.
There was no criminal offense, definitely and definitely, most tellingly due to the fact that we see and understand that this case was brought as a civil problem. It is NOT a criminal case. This is no little information, considered that all of us understand that if they might have made a real prosecution– they would have; the desire to reverse this previous President is so fanatically extreme with these miscreant “public servants.”
What then does a civil grievance of any kind (they are typically agreement or tort matches) require? Well, often it needs that someone claim and reveal they have actually been damaged. And no real complainant exists in this case, as there is nobody who declares they provided cash to the Trump Organization and were not paid back, or that Trump was bound by legal pledge to do something which he did not. Everybody participated in service financing contracts, everybody got their cash, provided in the beginning and paid back with interest at the end. Where is the damage? Or as the classical law stating goes, all the method back to ancient Roman jurisprudence: Damnum non fit inuriaThere is no fault where there has actually been no injury.
It looks like sound judgment, and in legal terms it is so fundamental that it is a longstanding tenet of reasonable practice and treatment– similar to the concept that offenders are innocent up until tested guilty. [Though remember, we are talking about civil cases here, and there is no guilt or criminal stigma involved.]It remains in truth strongly ensconced in our Constitution and law as the concept of Due Process of Law.
Pal Peoples Judge Engoron is a New York state court judge. He probably understands and ought to follow the state Constitution of New York, which forces its own required of Due Process of Law. One New York law writing calls due procedure “the primary constitutional restraint on prospective excesses of state judicial power.” We see precisely why in this case.
