Donald Trump’s legal team is requesting a mistrial in a civil fraud case concerning his family’s real estate company, citing biased conduct from the judge overseeing the case. However, the chances of Trump obtaining a new trial are slim.
In court filings, Trump’s lawyers argued that Justice Arthur Engoron, the presiding judge, and his law clerk exhibited bias against the defendants. They claim that Engoron shared links to news articles that were critical of Trump in a newsletter for alumni of a school he attended. Additionally, they argue that Engoron allowed his law clerk, who sits beside him during the trial, too much involvement in the proceedings.
Trump’s lawyers asserted that the presence of partisan bias on the bench necessitates an immediate halt to the proceedings in order to maintain public confidence in an impartial judiciary and the rule of law.
New York Attorney General Letitia James’ spokesperson responded to the motion, accusing Trump of attempting to divert attention from his fraud. The spokesperson for the New York State court system did not provide an immediate comment.
The motion also challenges the constitutionality of a gag order imposed by Engoron on October 3, which prohibits both sides from discussing his staff. This order was issued after Trump shared a photo on social media falsely claiming that Engoron’s law clerk was Senate Majority leader Chuck Schumer’s “girlfriend.”
Trump’s lawyers argue that the gag order may be interpreted as an attempt to shield the law clerk’s role from scrutiny. They also criticize the clerk’s political contributions to Democratic candidates and organizations, deeming them impermissible partisan activity.
In their motion, Trump’s legal team included links to newsletters for alumni of the Wheatley School, Engoron’s alma mater. These newsletters, which Engoron oversees, frequently include updates on alumni and memories from their time at the school. Reuters reviewed the nine newsletters flagged by Trump’s lawyers, which contained links to articles from outlets like the New York Times and New York Daily News regarding the ongoing case.
Given Engoron’s previous findings of fraud and his defense of his law clerk’s conduct, it is highly unlikely that he will declare a mistrial.
The civil fraud lawsuit against Trump centers around allegations of inflating the value of his properties to secure better financing terms. The trial primarily focuses on determining damages. Engoron has already ruled Trump, his adult sons, and ten of his companies liable for fraud, criticizing the defendants for fabricating valuations.
Engoron’s ruling could potentially strip Trump of control over some of his most well-known properties, although an appeal has temporarily halted this order.
Trump recently testified in the case, defending his business practices and describing the lawsuit as “election interference.” This legal battle is just one of many facing Trump as he campaigns for the presidency. He is also facing four criminal indictments, including two related to allegations of trying to overturn the 2020 election results.
(Reporting by Luc Cohen in New York; Editing by Nick Zieminski and Noeleen Walder)
