Donald Trump on Wednesday urged a New York judge to declare a mistrial in a $250 million civil fraud case over his family real estate company’s business practices.
Lawyers for Trump argued in court filings that the conduct of Justice Arthur Engoron, who is overseeing the case, and his law clerk showed they were biased against the defendants.
However, the former president faces long odds of getting a new trial, according to legal experts.
Trump’s attorneys argued Judge Engoron had improperly posted links to news articles ‘disparaging’ him.
Former U.S. President Donald Trump is questioned next to Judge Arthur Engoron, during the Trump Organization civil fraud trial in New York State Supreme Court in the Manhattan borough of New York City, U.S., November 6, 2023
Trump lawyer Alina Habba filed the motion seeking a mistrial
They also claimed the judge had given his law clerk, who is sitting beside him during the proceedings, too much leeway to participate in the case.
In a 30-page motion Trump’s lawyers wrote: ‘Given the demonstrable partisan bias present on the bench at trial, the only way to maintain public confidence in a truly independent and impartial judiciary and the rule of law is to bring these proceedings to an immediate halt.’
In a statement responding to the motion, a spokesperson for New York Attorney General Letitia James said Trump was trying to distract from his ‘fraud.’
Trump’s legal move came after judge Engoron imposed a gag order on October 3.
The gag order was a response to Trump sharing on social media a photograph of the judge’s principal law clerk posing with U.S. Senate Majority leader Chuck Schumer, a Democrat.
In the post the clerk was falsely called Schumer’s ‘girlfriend.’
Trump’s lawyers said, in their new filing, that the gag order ‘may reasonably be interpreted as an effort to shield’ concerns about his law clerk’s role from scrutiny.
They called the clerk’s political contributions to Democratic candidates and organizations ‘impermissible partisan activity.’
Judge Engoron, his law clerk and Alina Habba look on as Donald Trump Jr. gives evidence
The fraud case brought by James accuses Trump of inflating the value of properties, including his Mar-a-Lago home in Florida, to get better terms on loans.
Judge Engoron has already found Trump, and his sons Don Jr. and Eric, liable for fraud.
His eventual ruling could strip Trump of control of some of his properties.
In their filing seeking a mistrial Trump’s lawyers, including Alina Habba, wrote: ‘The evidence of apparent and actual bias is tangible and overwhelming.
‘Such evidence, coupled with an unprecedented departure from standard judicial procedure, has tainted these proceedings and a mistrial is warranted.’
According to the filing Judge Engoron posted eight articles about the case to a Wheatley School alumni newsletter, which he reportedly runs.
Trump’s lawyers said those articles were ‘disparaging’ of Trump, his son Eric, and Ms. Habba.
Former U.S. President Donald Trump attends the Trump Organization civil fraud trial on October 24
Donald Trump in court
They wrote: ‘This appearance of bias threatens both Defendants’ rights and the integrity of the judiciary as an institution.’
New York’s judicial code decreed that ‘a judge shall not make any public comment about a pending or impending proceeding in any court within the United States or its territories,’ Trump’s lawyers wrote.
They added that ‘the principal law clerk is given unprecedented and inappropriate latitude.’
She had been allowed to acts as a ‘co-judge,’ passing notes to Judge Engoron and whispering to him, they claimed.
Judge Arthur Engoron presiding over the case
New York Attorney General Letitia James arrives at court
They also claimed the clerk had made ‘partisan political contributions in excess of strict limits,’ to anti-Trump groups and organizations backing James.
In a statement James responded: ‘Once again, Donald Trump is trying to dismiss the truth and the facts but the numbers and evidence don’t lie.
‘Donald Trump is now being held accountable for the years of fraud he committed and the incredible ways he lied to enrich himself and his family.’
She added: ‘He can keep trying to distract from his fraud, but the truth always comes out.’