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Trump’s Lawyers in fraud trial are ordered to clam up about judge’s talks with staff

The judge in Donald Trump’s civil business fraud trial barred attorneys in the case Friday from commenting on “confidential communications” between him and his staff, after the former president’s attorneys renewed claims that a clerk is poisoning the proceedings.

Quick Read

  • Judge Arthur Engoron issued a gag order barring attorneys from commenting on confidential communications with court staff.
  • This expands on a previous order, now including parties’ attorneys, after allegations against a clerk.
  • The gag order is a response to threats and harassment directed at court staff.
  • Eric Trump, during his testimony, stated he depended on professionals for financial document accuracy.
  • The Trump Organization is accused of inflating Donald Trump’s wealth in annual financial statements.
  • The defendants, including Donald Trump and his sons, refute the allegations.
  • Donald Trump is scheduled to testify in the ongoing lawsuit on Monday.
  • The defense argues that the judge’s clerk, a Democrat, may be influencing the trial with biased notes.
  • Engoron defends the right to his clerk’s input and denies accusations of bias.
  • A separate federal case against Trump temporarily lifted a similar gag order, allowing Trump to speak out on his innocence and claim political motivation.
  • The New York trial dispute centers on potential bias from the judge’s clerk, with the defense emphasizing the need for a transparent record.
  • Kevin Wallace, representing the Attorney General’s office, calls the clerk dispute a diversion from the evidence.
  • Donald Trump’s social media remarks about the clerk previously led to fines for violating the gag order.
  • Eric Trump insists on the accuracy of the financial statements, citing reliance on a prominent accounting firm and legal team.
  • Outside court, Eric Trump labeled the case a “charade” and expressed confidence in winning.

The Associated Press has the story:

Trump’s Lawyers in fraud trial are ordered to clam up about judge’s talks with staff

Newslooks- NEW YORK (AP)

The judge in Donald Trump’s civil business fraud trial barred attorneys in the case Friday from commenting on “confidential communications” between him and his staff, after the former president’s attorneys renewed claims that a clerk is poisoning the proceedings.

Judge Arthur Engoron talks with his principal law clerk Allison Greenfield during the fraud trial for former President Donald Trump at New York Supreme Court, Thursday, Nov. 2, 2023, in New York. (Michael M Santiago/Pool Photo via AP)

Threatening “serious sanctions” for any violations, Judge Arthur Engoron expanded on a prior gag order that prohibited parties in the trial from speaking publicly about court staffers. The earlier order didn’t mention the parties’ attorneys, but Engoron had suggested Thursday he might expand it.

The matter seized attention on a day when Eric Trump, one of the former president’s sons and a top executive in the family business, wrapped up his testimony. He said he relied completely on accountants and lawyers to assure the accuracy of financial documents that are key to New York Attorney General Letitia James’ lawsuit.

Eric Trump, center, appears at the fraud trial for his father, former President Donald Trump, at New York Supreme Court, Thursday, Nov. 2, 2023. (Michael M Santiago/Pool Photo via AP)

The state lawsuit accuses Trump and his company of deceiving banks and insurers by exaggerating his wealth on his annual financial statements. Trump and other defendants, including sons Eric and Donald Trump Jr., deny the allegations.

The former president and current Republican 2024 front-runner is due to testify Monday in the case, which threatens the real estate empire that launched him into the public eye and, eventually, politics.

Like the earlier gag order, the new one was sparked by criticism of the judge’s principal law clerk, Allison Greenfield. She has unexpectedly become a lightning rod during the trial.

Eric Trump, son of former President Donald Trump, second from left, is seated ahead of his second day of testimony at New York State Supreme Court, Friday, Nov. 3, 2023 in New York. In a civil case brought by New York Attorney General Letitia James, members of the Trump family and the Trump Organization are accused of inflating the value of properties by billions of dollars to obtain favorable loan terms from banks. (Dave Sanders/The New York Times via AP, Pool)

“The First Amendment right of defendants and their attorneys to comment on my staff is far and away outweighed by the need to protect them from threats and physical harm,” wrote Engoron. He said his office has gotten “hundreds of harassing and threatening phone calls, voice mails, emails, letters and packages” during the trial.

In response, a spokesperson for Trump lawyer Alina Habba called the case “an attempt to silence the left’s top political opponent.”

“There should be no doubt at this point that politics is now permeating our courts,” the spokesperson, Erica Knight, wrote in a statement. She warned of “a dangerous precedent which diminishes the integrity of the judicial system.”

New York Attorney General Letitia James waits for the start of proceedings in New York State Supreme Court, Friday, Nov. 3, 2023 in New York. In a civil case brought by James, members of the Trump family and the Trump Organization are accused of inflating the value of properties by billions of dollars to obtain favorable loan terms from banks. (Dave Sanders/The New York Times via AP, Pool)

Hours earlier, Trump attorney Christopher Kise had recapped complaints that the defense team has raised for over a week about the clerk’s notes to the judge during testimony.

The contents of the notes have not been disclosed. But Trump’s lawyers say the messages are more frequent when the defense is questioning witnesses, and the attorneys suggest the notes are tilting the process against their case.

“I certainly am often thinking I’m arguing against two adversaries, not one,” attorney Kise told the judge Friday. “I’m debating with the government, and then I’m debating with someone who is providing input to you on a regular, immediate basis.”

Greenfield ran for a judgeship as a Democrat. Engoron also is a Democrat.

Eric Trump addresses journalists after walking from the courtroom during a civil fraud trial against former President Donald Trump at New York Supreme Court, Friday, Nov. 3, 2023, in New York. (AP Photo/Craig Ruttle)

The judge says the accusations of bias and improper influence are false, and he insists that he has an “absolute, unfettered right” to input from his clerk.

Separately on Friday, a federal appeals court temporarily l ifted a gag order on Trump in his 2020 election interference case in Washington.

That order bars Trump from making public statements targeting prosecutors, court staff and potential witnesses in the case accusing him of conspiring to overturn the 2020 election he lost to President Joe Biden. It still allows the former president to assert his innocence and to claim the case against him is politically motivated.

In New York, Trump lawyer Kise had argued anew that if the judge was “receiving input from someone with potentially demonstrable bias” or at least questions about it, defense lawyers need to “make that record.”

A record documenting questions or objections that were raised during a trial would be key to any appeal.

Engoron said the record had been made.

Judge Arthur Engoron presides over former President Donald Trump’s civil business fraud trial at New York Supreme Court, Wednesday, Oct. 25, 2023, in New York. (Spencer Platt/Pool Photo via AP)

A lawyer for James’ office, Kevin Wallace, called the dispute over the clerk a “sideshow.” He suggested that the defense was “trying to blow up the trial” and seeking “to interrupt our ability to put in evidence.”

Engoron’s action Friday came a month after the initial gag order, spurred by Donald Trump‘s disparaging comments about Greenfield in a social media post. Fines followed, after the judge said Trump violated the order.

Trump’s sons are executive vice presidents of the family’s Trump Organization, and they became trustees of a trust set up to run the company when their father went to the White House.

The sons signed, for example, yearly letters that certified their father’s financial wherewithal to lender Deutsche Bank. As Donald Trump Jr. did in testimony earlier this week, Eric Trump told the court Friday that he trusted company finance executives and an outside accounting firm to ensure the information was correct.

“I would not sign something that was not accurate,” he said Friday, his second day on the stand. “I relied on one of the biggest accounting firms in the country. And I relied on a great legal team. And when they gave me comfort that the statement was perfect, I was more than happy to execute.”

Speaking to reporters outside the courtroom, Eric Trump called the case a “charade” and waste of taxpayer dollars.

“We’re going to win this thing. I promise you we’re going to win it because we haven’t done a damn thing wrong,” he said.

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