Judge in Trump’s civil fraud case says he won’t recuse himself over ‘nothingburger’ encounter
NEW YORK — The New York judge who ordered the case Donald Trump to pay nearly $500 million in civil fraud verdict said Thursday that he will not leave the case, dismissing concerns that the verdict was influenced by a brief conversation he had with another lawyer as a “good-for-nothing.”
The eight-page order from Judge Arthur Engoron came in response to a request by Trump’s lawyers to withdraw, based on an assertion by real estate attorney Adam Leitman Bailey that the two had discussed the state law at the heart of the case before the ruling.
In the ruling, Engoron vigorously disputed the attorney’s account of their February meeting, writing that Bailey confronted him in a courthouse hallway, then followed him down the stairs and into the street while he “droned on” about his interpretation of the law.
“I did not initiate, welcome, encourage, participate in, learn from, let alone enjoy Bailey’s tirade,” Engoron wrote, adding that the “unpleasant event” lasted about 90 seconds.
Bailey claimed in an interview published by NBC New York in May that he had discussed the case with Engoron shortly before the ruling and had given him his view on a relevant part of the law.
In a filing last month, Trump’s attorney, Christopher Kise, wrote that the conversation may have violated state rules surrounding legal communications and “created an appearance of impropriety and irreparably damaged the integrity of this proceeding.”
The motion to recusal cited reports that the New York State Commission on Judicial Conduct had launched an investigation into the conversation.
Engoron responded that he had not been approached by the commission and was not aware of any investigation. During the high-profile trial, the judge said he was regularly confronted by people on the streets, in restaurants, parks and on public transport.
“Sometimes their unsolicited words are complimentary. Sometimes they are derogatory,” he wrote. “They never influence my statements. As with my forced meeting with Bailey, I feel no need to report these fleeting incidents.”
He continued: “I would have forgotten about it by now if Bailey had not tried to burnish his reputation as someone who could influence judges.”
Neither Kise nor Bailey responded to an emailed request for comment on the judge’s decision.
Engoron ruled on Feb. 16 that Trump had lied to banks, insurers and others about his wealth. It found that Trump, his company and top executives — including his sons Eric and Donald Trump Jr. — had schemed for years to inflate his wealth on financial statements used to secure loans and close deals.
The judge ordered Trump to pay $355 million in fines, but with interest, the total has grown to more than $471 million — including $17.1 million that has accrued since the verdict. The amount will grow by nearly $112,000 a day until he pays, unless the verdict is overturned.
Trump placed a $175 million bond in April to stop the collection of the judgment and prevent James’ office from seizing his assets while he appeals.