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Judge rejects Trump’s request for a mistrial in his NY civil fraud case

The judge in Donald Trump ‘s civil fraud case denied his bid for a mistrial Friday, rejecting claims from the former president’s lawyers that the proceedings are poisoned by political bias. Trump’s lawyers had argued that Judge Arthur Engoron irreparably harmed Trump’s right to a fair trial through “astonishing departures from ordinary standards of impartiality.”

Quick Read

  • Judge Arthur Engoron denied Donald Trump’s request for a mistrial in his civil fraud case, dismissing claims of political bias.
  • Trump’s lawyers accused Engoron of bias due to his rulings, his law clerk’s role and political donations, and sharing articles in a newsletter.
  • Engoron defended his rulings and the impartiality of the trial, stating decisions are solely his responsibility.
  • Trump’s lawyer Alina Habba criticized Engoron’s response, vowing to continue fighting for a fair trial.
  • An appeals judge recently lifted a gag order Engoron had imposed regarding comments on court staff.
  • The state Attorney General’s office, which brought the case, didn’t immediately comment on the ruling.
  • The lawsuit alleges Trump and his company inflated his wealth for financial gains.
  • Engoron ruled Trump committed fraud, with remaining claims of conspiracy, insurance fraud, and falsifying business records to be determined.
  • The trial could result in over $300 million in penalties and a business ban in New York for Trump.
  • Trump and his sons, co-defendants, deny wrongdoing and allege political motives behind the trial.
  • The defense criticized the role of Engoron’s law clerk, Allison Greenfield, as biased.
  • Engoron fined Trump for violating a gag order on commenting about Greenfield.
  • Trump’s team claimed Greenfield violated ethics rules with political donations, which Engoron dismissed as legal and ethical.
  • Engoron refused to end the trial through a directed verdict last week.

The Associated Press has the story:

Judge rejects Trump’s request for a mistrial in his NY civil fraud case

Newslooks- NEW YORK (AP)

The judge in Donald Trump ‘s civil fraud case denied his bid for a mistrial Friday, rejecting claims from the former president’s lawyers that the proceedings are poisoned by political bias.

Trump’s lawyers had argued that Judge Arthur Engoron irreparably harmed Trump’s right to a fair trial through “astonishing departures from ordinary standards of impartiality.”

They cited his rulings against Trump, the prominent role that the judge’s chief law clerk plays in court, the clerk’s political donations and what the defense called Engoron’s “appearance of impropriety” in sharing articles about the case in his high school alumni newsletter.

Engoron declared Friday that the complaints were meritless.

Justice Arthur Engoron presides over Donald Trump Jr.’s testimony in his family’s civil fraud case at the New York State Supreme Court on Monday, Nov. 13, 2023 in New York. (Erin Schaf/Pool Photo via AP)

“My principal law clerk does not make rulings or issue orders — I do,” Engoron wrote, saying that the decisions are his alone and adding: “I stand by each and every ruling, and they speak for themselves.”

As for the newsletter, “none of this has anything to do with, much less does it interfere with, my presiding fairly, impartially, and professionally over the instant dispute, which I have now been doing for more than three years, and which I intend to do until its conclusion,” he wrote.

Trump lawyer Alina Habba responded that the judge had “refused to take responsibility” for what she called his “failure to preside over this case in an impartial and unbiased manner”

“We, however, remain undeterred and will continue to fight for our clients’ right to a fair trial,” she said in a statement.

Judge Arthur Engoron and his principal law clerk Allison Greenfield appear during the fraud trial for former President Donald Trump at New York Supreme Court, Thursday, Nov. 2, 2023. (John Taggart/The Washington Post via AP, Pool)

Friday’s ruling came a day after an appeals judge at least temporarily lifted a gag order that Engoron had imposed on the parties and attorneys in the case to clamp down on comments about court staffers, particularly chief law clerk Allison Greenfield, who has ended up under a microscope during the trial.

A message seeking comment was sent Friday to state Attorney General Letitia James’ office, which brought the civil case now on trial.

The lawsuit alleges that Trump, his company and top executives exaggerated his wealth by billions of dollars on his financial statements, which were given to banks, insurers and others to secure loans and make deals.

Alina Habba, one of ex-President Donald Trump’s attorneys, arrives at New York Supreme Court, Wednesday, Nov. 8, 2023, in New York. (AP Photo/Yuki Iwamura)

Engoron has already ruled that Trump and other defendants engaged in fraud, but the trial is to determine remaining claims of conspiracy, insurance fraud and falsifying business records. The verdict is up to Engoron, not a jury.

James is seeking more than $300 million in penalties and a ban on Trump doing business in New York — and that’s after Engoron ordered before trial that a receiver take control of some of Trump’s properties. An appeals court put that order on hold for now.

Trump and his co-defendants, including sons Donald Trump Jr. and Eric Trump, deny any wrongdoing. The elder Trump, the front-runner for the 2024 Republican presidential nomination, portrays the trial as a political star chamber orchestrated by James and Engoron, both Democrats.

New York Attorney General Letitia James addresses the media outside New York Supreme Court, Wednesday, Nov. 8, 2023, in New York, following proceedings in a civil fraud trial against former President Donald Trump. (AP Photo/Yuki Iwamura)

He and his lawyers also have complained about Greenfield, who sits on the bench near the judge and periodically consults with him in notes during the proceedings.

Trump made a disparaging social media post about her on the trial’s second day, leading Engoron to impose the gag order and, later, to fine Trump a total of $15,000 for what the judge deemed violations.

In filing for a mistrial on Thursday, Trump’s lawyers argued that the clerk had “unprecedented and inappropriate latitude” and was essentially “co-judging” the case. They cast her as a Democratic activist injecting “pro-Attorney General and antiTrump/big real estate bias” into the trial.

The defense attorneys claimed that Greenfield had violated state ethics rules that bar members of a judge’s staff from making more than $500 a year in political donations, pointing to a series of contributions she made to Democratic clubs and candidates this year and last.

Former President Donald Trump waits to take the witness stand during his civil fraud trial at New York Supreme Court, Monday, Nov. 6, 2023, in New York. (Brendan McDermid/Pool Photo via AP)

Greenfield ran as a Democrat for a civil court judgeship in Manhattan last year. Under the ethics rules, candidates can exceed the contribution limit to buy tickets to political events, with some limitations.

New York judicial candidates often attend such functions, which are seen as helpful to securing a party’s endorsement. Legal experts say candidates are ethically obligated to pay instead of accepting complimentary tickets.

Engoron wrote that his clerk has aimed for an elected judgeship since 2020, and he said her contributions were legal and ethical, falling below the limit once tickets to political gatherings were subtracted. He called the defense’s allegations of partisan stain “nonsensical.”

Last week, Engoron spurned the defense’s request to end the trial through what’s known as a directed verdict.

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