Donald Trump loses bid for mistrial in New York civil fraud case
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[November 18, 2023]
By Jonathan Stempel
NEW YORK (Reuters) -A New York judge on Friday rejected Donald Trump's
bid for a mistrial in state Attorney General Letitia James' civil fraud
lawsuit against him, after the former U.S. president accused the judge
and his law clerk of being politically biased.
Justice Arthur Engoron of the New York state court in Manhattan said he
could not "in good conscience" let Trump pursue a mistrial request that
was "utterly without merit."
James has accused Trump, his adult sons, his company, and other
defendants of manipulating financial statements, asset values and
Trump's net worth to defraud banks and insurers.
She is seeking $250 million in penalties, and wants Trump banned from
New York state real estate business, among other remedies. The trial
began in early October.
Trump's bid for a mistrial had been a long shot, given Engoron's earlier
findings that Trump's financial statements were fraudulent, and the
judge's defenses of his law clerk.
"As expected, today the court refused to take responsibility for its
failure to preside over this case in an impartial and unbiased manner,"
Alina Habba, a lawyer for Trump, said in a statement. "We, however,
remain undeterred and will continue to fight for our clients' right to a
fair trial."
JUDGE STANDS BY RULINGS
Trump is the frontrunner for the Republican presidential nomination to
challenge Democratic President Joe Biden in next November's election.
His lawyers had taken issue with various rulings in the case by Engoron,
a Democrat, and his editing a high school alumni newsletter that linked
to articles about the case.
They also objected to political donations made by Engoron's clerk,
Allison Greenfield, claiming they were unethical.
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Republican presidential candidate and former U.S. President Donald
Trump holds a campaign rally at Ted Hendricks Stadium in Hialeah,
Florida, U.S. November 8, 2023. REUTERS/Octavio Jones
But the judge said he has presided "fairly, impartially, and
professionally" throughout the more than three years he has overseen
the case, and intended to do so until its conclusion.
"I stand by each and every ruling, and they speak for themselves,"
Engoron wrote.
The judge also defended Greenfield, who has been campaigning for a
judgeship, saying state law and ethics guidelines permitted her
donations.
He also denied that Greenfield was exerting improper influence,
saying his rulings "are mine, and mine alone," and that there was
"absolutely no 'co-judging' at play."
GAG ORDERS
Trump and his lawyers have routinely attacked Engoron and
Greenfield, prompting Engoron to place gag orders preventing them
from commenting on his staff. Engoron has fined Trump for $15,000
for twice violating his order.
A state appeals court judge on Thursday temporarily put the gag
orders on hold, pending review by a five-judge appellate panel.
Trump wasted little time thereafter to attack Greenfield, calling
her "politically biased and out of control" on his Truth social
platform.
The former president also faces four unrelated federal and state
criminal indictments, including two over his efforts to overturn the
results of the 2020 presidential election. He has pleaded not guilty
in those cases.
(Reporting by Jonathan Stempel and Ismail Shakil; editing by Jasper
Ward, Nick Zieminski and Jonathan Oatis)
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