Trump demands a mistrial in his $250M New York fraud case

Donald Trump on Wednesday urged a New York judge to declare a mistrial in a $250 million civil fraud case over the business practices of his family real estate company. Lawyers for Trump argued in court filings that the conduct of Judge Arthur Engoron, who is overseeing the case, and his law clerk showed they were biased against the defendants.

However, according to legal experts, there is a good chance that the former president will receive a new trial. Trump’s lawyers argued that Judge Engoron inappropriately posted links to news articles that “disparaged” him. They also alleged that the judge gave his law clerk, who sits next to him during the proceedings, too much leeway to participate in the case.

His lawyers wrote: “Given the demonstrable partisan bias at the hearing during the trial, immediately halting these proceedings is the only way to maintain public confidence in a truly independent and impartial judiciary and the rule of law.”

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 action came after Judge Engoron imposed a gag order on October 3. The silence order was in response to Trump sharing on social media a photo of the judge’s chief law clerk posing with U.S. Majority Leader Chuck Schumer, a Democrat in the U.S. Senate.

The post incorrectly referred to the clerk as Schumer’s “girlfriend.” Trump’s lawyers said in their new filing that the gag order “could reasonably be interpreted as an attempt 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.”

The fraud lawsuit filed 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 Trump and his sons Don Jr. and Eric had already been found liable for fraud. His eventual ruling could strip Trump of control over some of his properties. In their request for a mistrial, Trump’s lawyers, including Alina Habba, wrote: “The evidence of apparent and actual bias is palpable 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 in a Wheatley School alumni newsletter, which he reportedly manages. Trump’s lawyers said these articles were “disparaging” to Trump, his son Eric and Ms. Habba. They wrote: “This appearance of bias threatens both the rights of the accused and the integrity of the judiciary as an institution.”

New York’s judicial code provided that “a judge may not make any public comment concerning any pending or threatened proceeding in any court within the United States or its territories,” Trump’s lawyers wrote. They added that “the Chief Registrar is given unprecedented and inappropriate latitude.” She had been allowed to act as a “co-judge,” passing notes to Judge Engoron and whispering to him, they alleged. They also alleged that the clerk made “partisan political contributions that exceeded strict limits” to anti-Trump groups and organizations that supported James.

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