Fox News Legal Analyst Leo Terrell Skeptical About Trump Lawyer’s Claim She Couldn’t Ask for a Jury Trial: ‘Why Don’t You Challenge it?’

Fox News legal analyst Leo Terrell claimed that even he was confused by Team Trump’s failure to request a jury be seated in the former president’s fraud trial.

As it stands, Judge Arthur Engeron alone will decide whether Donald Trump is liable for the $250 million penalty requested by NY Attorney General Letitia James. James also asked that neither Trump nor his adult children be allowed to conduct business in New York City ever again.

Fox News’ Harris Faulkner told Terrell, “The former president’s legal team are upset because they never even had an option for a jury. They say that there is a form that you fill out,” she said, before tossing to video of Trump attorney Alina Habba.

“There is no option to check a box,” Habba explained, continuing:

They brought this under a consumer fraud statute. It has never been used in this way for a reason. Because this judge, who oversaw the special proceeding, has given them everything they wanted effectively for years, and they wanted to keep it in this division as opposed to the commercial division where we would have had a normal judge. So no, everyone, I didn’t forget to check a box!

Terrell said Habba’s explanation left him with even more questions.

“I’ve been practicing law for 30 years, and there usually are some forms where you have to make a check, a little “X” there saying you want a jury trial,” Terrell said. “But what I am perplexed about is the Trump Team could have appealed this, could have challenged this before the start of this proceeding. So I’m a little confused as far as hey, why don’t you challenge it if you honestly feel you have a right to pursue this jury trial?”

“Can they still do that?” Faulkner asked.

“Well, the proceedings have started, Harris. So, I think if they’re going to preserve this charge, they’re going to file it on appeal.”

Former President Trump complained outside the Manhattan court Monday, “It’s not fair I don’t have a jury.” Inside the courtroom, “Habba also complained that Trump ‘did want a jury’ to hear the case, but Engoron noted that his team had never asked for a jury trial,” according to NBC News.

Watch the clip above via Fox News.