Trump lawyers call for mistrial in civil fraud case, attacking judge
Lawyers for Donald J. Trump on Wednesday called for a mistrial in the civil fraud case against him in New York, arguing that the judge and his law clerk were politically biased against him.
The lengthy legal effort, filed in the New York State Supreme Court, comes after the judge, Arthur F. Engoron, issued separate orders against the Republican former president and his lawyers, barring them from commenting on his court staff.
Mr. Trump and his allies have made a habit of attacking the judge and his law clerk, Allison Greenfield, and the former president has violated the order twice, drawing a $15,000 fine. In the filing, Mr. Trump’s lawyers call the silence orders “unconstitutional.”
“The evidence of apparent and actual bias is palpable and overwhelming,” Mr. Trump’s lawyers wrote. “Such evidence, coupled with an unprecedented departure from standard judicial procedure, has tainted these proceedings and a mistrial is warranted.”
The filing will initially be decided by Judge Engoron, who is expected to dismiss it. Trump’s lawyers are likely to appeal.
In evidence, Mr. Trump’s lawyers — Alina Habba, Clifford Robert and Christopher M. Kise — noted that Judge Engoron, a Democrat, had included articles about the case in a high school alumni newsletter. They also took issue with Ms. Greenfield’s political donations in recent years, saying they had violated the judiciary’s ethics rules. Ms. Greenfield, also a Democrat, indeed has been campaigning for a judgeship And the rules allow candidates to make certain donations, such as purchasing tickets to political functions.
In their filing, Mr. Trump’s lawyers attribute Judge Engoron’s decisions on the case, many of which were unfavorable to them, to political bias. The case, brought by New York Attorney General Letitia James, a Democrat, accuses Mr. Trump and his company of manipulating financial statements to gain favorable treatment from banks and insurers.
In a preliminary ruling, Judge Engoron determined that the statements were fraudulent; the trial will determine what penalties the former president may face.
“Donald Trump is trying to dismiss the truth and the facts, but the numbers and the evidence don’t lie,” a spokeswoman for Ms. James said in a statement. “Donald Trump is now being held accountable for the years of fraud he committed.”
The arguments from Mr. Trump’s lawyers echo attacks on the judge and Ms. Greenfield that have been echoed by the former president’s allies in recent weeks. On Friday, Representative Elise Stefanik, a member of the Republican leadership of the House of Representatives, filed an ethics complaint attacking Judge Engoron and attacking Ms. Greenfield.
In response, New York justice system spokesman Al Baker said the judge’s “actions and rulings in this case are all part of the public record and speak for themselves.”
Robert H. Tembeckjian, the administrator of the state Commission on Judicial Misconduct, noted that cases before the organization were confidential unless a judge was found to have committed misconduct and a decision was made.
Judge Engoron has justified his gag order by saying he is concerned about his staff.
“The threat and actual violence resulting from heated political rhetoric is well documented,” he wrote this month, adding: “My rooms have been inundated with hundreds of threatening phone calls, voicemails, emails, letters and parcels.”
He has also asserted that he has “an unfettered, absolute right to consult with my attorneys anytime, anywhere on any matter.”
Last week, Mr. Kise previewed Wednesday’s filing, claiming in court that Judge Engoron’s statements showed his political leanings.
“You could try to surmise that this is due to bias,” the judge replied. “Or you could understand that I think their objections were of greater value than yours.”