Donald Trump said he has decided against testifying for a second time at his New York civil fraud trial, posting on social media a day before his scheduled appearance that he “very successfully & conclusively” testified last month and saw no need to do so again.
Quick Read
- Trump Declines Second Testimony: Former President Donald Trump decided against a second testimony at his New York civil fraud trial, stating he had already given conclusive testimony.
- Context of the Lawsuit: New York Attorney General Letitia James alleges Trump inflated his wealth for loans and deals, threatening his business empire.
- Trump’s Statement on Social Media: Trump announced his decision not to testify again on his Truth Social platform, asserting he has nothing more to add.
- Defense’s Final Witness: An accounting expert, hired by Trump’s legal team, testified last week, claiming no evidence of accounting fraud in Trump’s financial statements.
- Gag Order and Legal Concerns: Trump’s lawyers had concerns about his testimony due to a gag order, which has resulted in fines for Trump.
- Eric Trump’s Canceled Testimony: Trump’s son Eric also canceled his scheduled return testimony, following Trump’s advice.
- NYU Professor’s Testimony Supporting Trump: Eli Bartov, a professor, criticized the state’s case and defended Trump’s financial statements in court.
- Trial Schedule Adjustments: With Trump not testifying, the trial resumes Tuesday with Bartov’s testimony, followed by state lawyers’ rebuttal witness.
- Attorney General James’ Response: James asserts her case has already proven Trump’s financial fraud, irrespective of his testimony.
- Trump’s Previous Court Behavior: In his November 6 testimony, Trump was combative, clashing with the judge and criticizing James.
- Potential Cross-Examination: Had Trump testified again, state lawyers could have cross-examined him.
- Judge Engoron’s Role: Engoron, who previously found Trump and defendants engaged in fraud, is considering six claims, including conspiracy and insurance fraud, in this bench trial.
- Seeking Penalties and Business Restrictions: James is seeking over $300 million in penalties and wants to ban Trump from business in New York.
- Trial Timeline and Political Overlap: The trial, which began October 2, extends into 2023, with closing arguments on January 11, coinciding with the start of the presidential primary season.
- Trump’s Court Appearances and Public Comments: Trump has frequently attended court, using breaks to address the media, balancing his legal and political activities.
- Overlap of Legal and Political Challenges: Trump faces simultaneous legal trials and a political campaign, with primaries and a criminal trial approaching.
- Trump’s Desire to Testify Despite Gag Order: Despite legal advice and a gag order, Trump was initially insistent on testifying again.
- Recent Public Appearance: Trump attended a gala with his lawyer, Habba, discussing his objections to the trial and asserting his innocence.
The Associated Press has the story:
Donald Trump says he won’t testify again at his New York fraud trial
Newslooks- NEW YORK (AP)
Donald Trump said he has decided against testifying for a second time at his New York civil fraud trial, posting on social media a day before his scheduled appearance that he “very successfully & conclusively” testified last month and saw no need to do so again.
The former president, the leading contender for the 2024 Republican nomination, had been expected to return to the witness stand Monday as a coda to his defense against New York Attorney General Letitia James ‘ lawsuit.
James, a Democrat, alleges Trump inflated his wealth on financial statements used in securing loans and making deals. The case threatens Trump’s real estate empire and cuts to the heart of his image as a successful businessman.
“I will not be testifying on Monday,”
Trump wrote in an all-capital-letters, multipart statement on his Truth Social platform less than 20 hours before he was to take the witness stand.
“I have already testified to everything & have nothing more to say,”
Trump added.
Trump added, leaving the final word among defense witnesses to an accounting expert hired by his legal team who testified last week that he found “no evidence, whatsoever, for any accounting fraud” in Trump’s financial statements.
A Trump spokesperson did not immediately respond to questions about his decision.
The decision was an abrupt change from Trump’s posture in recent days, when his lawyers said he was insistent on testifying again despite their concerns about a gag order that has cost him $15,000 in fines for disparaging the judge’s law clerk.
“President Trump has already testified. There is really nothing more to say to a judge who has imposed an unconstitutional gag order and thus far appears to have ignored President Trump’s testimony and that of everyone else involved in the complex financial transactions at issue in the case,” Trump lawyer Christopher Kise said Sunday.
Trump’s decision came days after his son, Eric Trump, ditched his return appearance on the witness stand. Trump said on social media that he’d told Eric to cancel.
It also follows Trump’s first trip back to court since he testified in the case on Nov. 6. Last Thursday, he watched from the defense table as the accounting professor, New York University professor Eli Bartov, blasted the state’s case and said Trump’s financial statements “were not materially misstated.”
Trump’s cancellation caught court officials by surprise. Without Trump on the witness stand, the trial will be on hold until Tuesday, when Bartov will finish his testimony. State lawyers say they’ll then call at least one rebuttal witness.
In a statement, James said whether Trump testified again or not, “we have already proven that he committed years of financial fraud and unjustly enriched himself and his family. No matter how much he tries to distract from reality, the facts don’t lie.”
Trump was often defiant and combative when he testified Nov. 6. Along with defending his wealth and denying wrongdoing, he repeatedly sparred with the judge, whom he criticized as “extremely hostile,” and slammed James as “a political hack.”
Trump answered questions from state lawyers for about 3½ hours, often responding with lengthy diatribes. His verbose answers irked the judge, Arthur Engoron, who admonished, “This is not a political rally.”
Had Trump returned to the stand Monday, it would’ve been his defense lawyers leading the questioning, but lawyers from James’ office could have cross-examined him, too.
Engoron ruled before the trial that Trump and other defendants engaged in fraud. He ordered that a receiver take control of some Trump properties, but an appeals court has paused that decision.
Engoron is now considering six other claims, including allegations of conspiracy and insurance fraud. James seeks penalties of more than $300 million and wants Trump banned from doing business in New York. The judge is deciding, rather than a jury, because juries aren’t allowed in this type of case.
Though testimony is nearly over, the trial that started Oct. 2 will bleed into next year. Closing arguments are scheduled for Jan. 11, just four days before the Iowa caucuses start the presidential primary season. Engoron said he hopes to have a decision by the end of January.
Trump has had a prime role in the trial. Along with his testimony, he has voluntarily gone to court eight days to watch witnesses, turning his appearances into de facto campaign stops. During breaks, he has taken full advantage of the cameras parked in the courthouse hallway, spinning what’s happening inside the courtroom, where cameras aren’t allowed, in the most favorable light.
Trump’s frequent presence in court — as a witness, observer and aggrieved defendant — has underscored the unique personal stakes for a billionaire who’s also juggling four criminal cases and a campaign.
Where other politicians have shied from legal peril, Trump has leaned in as his court and political calendars increasingly overlap, with primaries a few weeks away and the first of his criminal trials slated for March.
But Trump’s interest in vindicating his company and his wealth has also run up against the limitations of the gag order, which was reinstated at the end of November by a state appellate court after a two-week interlude. The same gag order was also in effect when he testified in November.
Despite the gag order, Trump was adamant in recent days that he’d testify again — even as one of his lawyers, Alina Habba, said she discouraged him from taking the stand.
“He still wants to take the stand, even though my advice is, at this point, you should never take the stand with a gag order,” Habba told reporters last week, before Trump changed his mind.
Trump spent Saturday evening with Habba at the New York Young Republican Club’s black-tie gala. At the event, about a mile from the courthouse, he went on at length highlighting his objections, saying, “I have proven my innocence literally every single day.”
