Trump moves to disqualify judge in New York fraud lawsuit
Former President Donald Trump’s legal team requested that the New York judge overseeing his civil fraud trial, Judge Arthur Engoron, recuse himself due to alleged improper conduct. Trump’s attorney, Alina Habba, claimed that Judge Engoron had prohibited discussions with real estate lawyer Adam Leitman Bailey about the case before delivering his verdict. The call for recusal was prompted by an interview given by Bailey, in which he disclosed having a conversation with Engoron at the courthouse. Habba argued that this interaction violated the New York Code of Judicial.checkSelfPermission
Former President Donald Trump‘s lawyers asked the New York judge who presided over his civil fraud trial to remove himself from the case, claiming the judge engaged in “prohibited” discussions with a real estate lawyer about the case before issuing his ruling.
Trump attorney Alina Habba said Thursday that Judge Arthur Engoron’s alleged communications with attorney Adam Leitman Bailey regarding the case “directly violate” the New York Code of Judicial Conduct. “It is clear that Judge Engoron should recuse himself immediately,” Habba said.
The 24-page memorandum to recuse Engoron from the now-decided case cited an interview Bailey gave to NBC New York the day of the verdict, which quoted Bailey as saying he had “the ability to speak to [this Court] three weeks ago … I saw him in the corner [at the courthouse] and I told my client, ‘I need to go’ and I walked over and we started talking … I wanted him to know what I think [about the case] and why … I really want him to get it right.”
Trump’s lawyers say the alleged ex parte conversation Engoron had with Bailey is “fundamentally incompatible with the responsibilities attendant to donning the black robe and sitting in judgment.”
“Specifically, this Court has been publicly accused of engaging in prohibited communications regarding the merits of this case, in clear violation of the Code and this Court’s solemn oath. Such conduct is ‘antithetical to the role of a judge,’” Trump’s team alleged, according to the memorandum.
The NBC article was published in May, several months after Engoron issued the $454 million judgment against Trump in February. New York Attorney General Letitia James (D) sued Trump and his business associates in September 2022 over alleged fraudulent business statements inflating the value of assets in order to secure more favorable business terms. Engoron sided with the state, and Trump is now appealing the verdict.
It’s not immediately clear when Engoron will respond to the latest memorandum from Trump’s lawyers and what would happen to the already-decided case if he did remove himself. The judge is still overseeing a monitor he appointed to supervise the Trump Organization’s finances.
Court spokesman Al Baker previously disputed the alleged ex parte conversation between Bailey and Engoron after the article was published, saying no inappropriate “conversation concerning this matter occurred between Justice Engoron and Mr. Bailey or any other person.”
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“The decision Justice Engoron issued Feb. 16 was his alone, was deeply considered, and was wholly uninfluenced by this individual,” Baker added at the time.
Baker told the Washington Examiner on Thursday, “We have no further comment on this matter.”
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