Lawyers for Donald Trump asked the New York judge who ordered the former president to pay nearly half a billion dollars to recuse himself from the case alleging the judge engaged in “prohibited communications” with a real estate lawyer about the case before issuing his decision. Trump’s attorneys said if Judge Arthur Engoron would not recuse from the case they are seeking an evidentiary hearing to delve into the judge’s reported conversation with New York real estate lawyer Adam Bailey.
Quick Read
- Trump’s Legal Team Seeks Judge’s Recusal: Lawyers for Donald Trump requested that New York Judge Arthur Engoron recuse himself from the case involving a nearly half a billion dollar payment order, alleging the judge engaged in “prohibited communications” with a real estate lawyer about the case before issuing his decision.
- Evidentiary Hearing Request: If Judge Engoron does not recuse himself, Trump’s attorneys are seeking an evidentiary hearing to investigate the judge’s reported conversation with New York real estate lawyer Adam Bailey.
- Basis of Recusal Request: The request is based on an NBC New York interview with Bailey, where he claimed he spoke to Judge Engoron three weeks before the verdict to express his views on the case, which Trump’s lawyers argue compromises the judge’s impartiality.
- Alleged Violation of Judicial Conduct: Trump’s attorneys argue that the judge’s alleged conversation with Bailey violates judicial conduct codes and casts doubt on the judge’s impartiality and fairness.
- Subpoena Issued to Real Estate Lawyer: Trump’s legal team also subpoenaed Adam Bailey to further explore the nature of his conversation with Judge Engoron.
- Court’s Response: A court spokesman previously stated that no ex parte conversation concerning the case occurred between Justice Engoron and Bailey or any other person, asserting that the judge’s decision was made independently and without external influence.
- Current Status: Representatives for the court and the New York attorney general’s office have not yet provided further comments on the matter.
The Associated Press has the story:
Trump’s lawyers ask NY judge who oversaw civil fraud case to recuse himself
Newslooks- NEW YORK – (AP)
Lawyers for Donald Trump asked the New York judge who ordered the former president to pay nearly half a billion dollars to recuse himself from the case alleging the judge engaged in “prohibited communications” with a real estate lawyer about the case before issuing his decision. Trump’s attorneys said if Judge Arthur Engoron would not recuse from the case they are seeking an evidentiary hearing to delve into the judge’s reported conversation with New York real estate lawyer Adam Bailey.
In a series of filings with the court on Thursday, Trump’s attorneys cite an interview Bailey gave to NBC New York the day the verdict was rendered, in which Bailey said, he “had the ability to speak to [this Court] three weeks ago … I saw him in the corner [at the courthouse] and I told my client, ‘I need to go.’ And I walked over and we started talking … I wanted him to know what I think [about the case] and why … I really want him to get it right.”
Trump’s lawyers say that is a reason why the judge should recuse himself from the case, which has since been appealed. The judge is still overseeing a monitor who he put in place to oversee the Trump Organization’s finances.
“Specifically, this Court has been publicly accused of engaging in prohibited communications regarding the merits of this case, in clear violation of the Code and this Court’s solemn oath,” Trump’s lawyers wrote, adding, “Where, as here, this Court’s impartiality might reasonably be questioned under the circumstances, it must recuse. Indeed, there is no other means of dispelling the shadow that now looms over this Court’s impartiality, fairness, and ability to adhere to the Code.”
“According to Mr. Bailey, this Court was an active participant in a conversation concerning the merits of the case, wherein this Court asked Mr. Bailey a ‘lot of questions,’” Trump’s lawyers, who also subpoenaed the real estate lawyer, wrote.
The NBC article was published in May, months after Engoron issued his $454 million judgement against Trump in February. Bailey told NBC he spoke with Engoron before the judge issued his decision in the case.
A spokesman for the court told NBC at the time, “No ex parte conversaion concerning this matter occurred between Justice Engoron and Mr. Bailey or any other person. The decision Justice Engoron issued February 16 was his alone, was deeply considered, and was wholly uninfluenced by this individual.”
Representatives for the court and the New York attorney general’s office could not immediately be reached.
