Judge in Trump's civil fraud case questions whether a key witness lied

The judge overseeing Donald J. Trump's civil fraud case has questioned whether a key witness committed perjury during the former president's trial, according to a new lawsuit.

The judge, Arthur F. Engoron, asked Mr. Trump's lawyers to address the veracity of the witness, Allen H. Weisselberg, Mr. Trump's longtime chief financial officer. Mr. Weisselberg and Mr. Trump are both defendants in the case, which was brought by New York Attorney General Letitia James.

Judge Engoron, who is expected to decide the non-jury case this month, cited a recent New York Times article about Mr. Weisselberg's testimony. The article reported that Mr. Weisselberg, 76, is negotiating a possible deal with the Manhattan district attorney's office that would require him to plead guilty to perjury for his testimony.

“I naturally want to know whether Mr. Weisselberg will now change his tune, and whether he will admit that he lied under oath in my courtroom during this trial,” Judge Engoron wrote in a recent email to attorneys on both sides of the case . made public on Tuesday.

A lawyer representing Mr. Trump in the civil case, Christopher M. Kise, declined to comment. A spokeswoman for the attorney general declined to comment, as did a spokeswoman for the Manhattan district attorney's office. Mr. Weisselberg's lawyer, Seth Rosenberg, declined to comment on the negotiations through a spokesman for his firm, Clayman Rosenberg Kirshner & Linder.

The complex situation stems from the overlapping criminal and civil cases brought by New York's two law enforcement agencies.

The district attorney, Alvin L. Bragg, has jurisdiction over perjury and other crimes committed in Manhattan. In addition to examining Mr. Weisselberg's testimony in the civil fraud case, Mr. Bragg is preparing to put Mr. Trump on trial next month on criminal charges stemming from a hush-money payment to a porn star.

In the civil fraud case, the attorney general, Ms. James, accused Mr. Trump, Mr. Weisselberg and others of fraudulently inflating the former president's wealth and is asking the judge to fine him about $370 million to impose. The months-long trial took place in the fall.

Mr. Weisselberg was one of more than 40 witnesses. Although it is unclear which of his statements would have attracted the prosecutor's attention, he abruptly stopped testifying afterward Forbes magazine published an article in which it accused Mr. Weisselberg of lying under oath about his involvement in the valuation of Mr. Trump's penthouse apartment.

In his email, Judge Engoron asked lawyers for Mr. Trump and Ms. James to tell him Wednesday afternoon what they know about the situation and how they would propose he address it in his final ruling in the civil fraud case.

“I don't want to ignore anything in a case of this magnitude,” he added, suggesting he could use the plea negotiations as a reason to disqualify Mr. Weisselberg's testimony altogether.

Judge Engoron also asked lawyers for both sides whether Mr. Weisselberg's negotiations should affect the timing of his decision. The judge, who could ban Mr Trump from running his own family business and force him to pay a significant financial penalty, is due to rule on January 31.

Mr. Bragg's prosecutors contacted Mr. Weisselberg's lawyers shortly after the trial concluded and initiated negotiations on a possible plea deal, The Times reported last week.

It is unclear whether Mr. Weisselberg will agree to plead to misdemeanor or misdemeanor charges. If he fails to reach a deal with prosecutors, Mr. Bragg may try to sue him.

This is not the first time Mr. Weisselberg has faced legal jeopardy. In 2022, he pleaded guilty to an unrelated tax fraud case and served about 100 days at the Rikers Island jail complex. The latest negotiations could result in Mr. Weisselberg, a senior citizen who has not committed violent crimes, going to prison for a second time.

Mr. Trump's legal team has denounced the prosecutor's lengthy pursuit of Mr. Weisselberg, calling it a politically motivated effort to attack Mr. Trump, who is the frontrunner for the Republican presidential nomination. Mr. Bragg, Ms. James and Judge Engoron are all Democrats.

However, prosecutors often say that perjury must be eradicated everywhere to prevent corruption of the criminal justice system. And Mr. Weisselberg's testimony came in a high-profile setting, making him more vulnerable to scrutiny.