Trump seeks mistrial in ‘tainted’ NY civil fraud case.
Former President Donald Trump Requests Mistrial in New York Civil Fraud Case
In a dramatic turn of events, former President Donald Trump and his co-defendants have made a bold move by requesting a mistrial in their New York non-jury civil fraud case. They claim that the judge and his principal law clerk have created an appearance of bias that has “tainted” the trial.
“This appearance of bias threatens both Defendants’ rights and the integrity of the judiciary as an institution,” Trump’s attorneys stated in the filing.
According to ABC News, Trump’s legal team has presented compelling evidence of both apparent and actual bias. They have pointed to a Wheatley School alumni page that the trial Judge Arthur Engoron appears to run, where he allegedly made posts about the case and individuals involved, including Trump and his attorney.
The filing also highlighted a New York code that explicitly states that judges should not make any public comments about pending court proceedings. Trump’s legal team expressed concern about Engoron’s principal law clerk, Allison Greenfield, and her “unprecedented role in the trial and extensive, public partisan activities.”
“Such evidence, coupled with an unprecedented departure from standard judicial procedure, has tainted these proceedings and a mistrial is warranted,” the filing argues.
The case stems from an investigation by New York Attorney General Letitia James into Trump’s business practices. James, who campaigned on prosecuting Trump, has charged the former president, his companies, and members of his family with lying on property valuations to secure favorable loan terms and other illegal advantages.
James is seeking $250 million in damages and restrictions on Trump’s ability to do business in New York.
Latest Confrontation
This filing in Manhattan marks the latest confrontation between Trump’s attorneys and Judge Arthur Engoron. Last month, Engoron issued a gag order against the former president, prohibiting him from making public statements about the judge’s principal law clerk. Trump has violated the order twice, resulting in $15,000 in fines.
Engoron, a Democrat, has already ruled that Trump is liable for “persistent fraud” based on the New York State Attorney General’s Office’s findings that Trump had submitted false and misleading financial statements to lenders.
According to ABC News, Engoron did not immediately rule on Trump’s legal team’s request for a mistrial, allowing the New York attorney general time to decide whether the state will respond.
A spokesperson for the New York attorney general’s office dismissed Trump’s mistrial request, stating that it is an attempt to “dismiss the truth and the facts.” They emphasized that the evidence against Trump speaks for itself.
As this high-stakes trial continues, the nation watches closely to see how it unfolds. The outcome could have significant implications for Trump’s future and the broader perception of the justice system.
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Before entering the courthouse last week, Trump expressed his views on the trial, calling it “political warfare” and “political law-fare.” He compared it to situations that usually occur in “third-world countries and banana republics.”
Tim Pearce contributed to this report.
How do the alleged posts made by Judge Engoron on the Wheatley School alumni page undermine the perception of impartiality in the trial?
Amages and restitution. The trial began on November 29th and has been closely watched by both supporters and detractors of the former president.
The decision to request a mistrial comes as a surprise, but it is not uncommon for defendants to raise concerns about the impartiality of the judge or the fairness of the proceedings. In this case, Trump’s attorneys believe that the actions of Judge Engoron and his clerk have crossed a line that has compromised the integrity of the trial.
The alleged posts made by Judge Engoron on the Wheatley School alumni page suggest a personal interest in the outcome of the case, which undermines the perception of impartiality that is crucial to a fair trial. Additionally, the involvement of Allison Greenfield, the principal law clerk, has raised concerns about her role in the proceedings and her partisan activities.
The filing argues that these factors, combined with the departure from standard judicial procedure, have tainted the trial beyond repair. Trump’s legal team believes that a mistrial is the only way to ensure a fair and just resolution of the case.
It is important to note that the request for a mistrial does not necessarily mean that Trump and his co-defendants are conceding guilt or admitting wrongdoing. Rather, they are asserting their right to a trial that is conducted in accordance with the principles of fairness and impartiality.
The decision on whether to grant the request for a mistrial now rests with Judge Engoron. If he denies the request, the trial will continue as planned. However, if he agrees that the actions of the judge and his clerk have compromised the integrity of the proceedings, he may declare a mistrial and the case will have to be heard again with a new judge.
This development adds another layer of complexity to an already high-stakes legal battle for Trump and his co-defendants. The outcome of this case could have far-reaching implications for the former president and his businesses. Regardless of the decision on the mistrial request, it is clear that the New York civil fraud case will continue to captivate public attention and legal experts alike.
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