Donald Trump on Wednesday urged a New York judge to declare a mistrial in a 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 posted links to news articles that “disparaged” him.
Trump called for a mistrial
They also alleged that the judge improperly 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. Senate Majority Leader Chuck Schumer, a Democrat.
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.”
Former US President Donald Trump attends the Trump Organization civil fraud trial in the New York State Supreme Court on October 24
The fraud lawsuit brought by James accuses Trump of inflating property values, targeting his Mar-a-Lago home in Florida to get better loan terms.
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 sent articles about the case eight times to a school alumni newsletter.
Trump’s lawyers said these articles were “disparaging” to Trump, his son Eric and Ms. Habba.
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.’