On Thursday, Former President Donald Trump made a move to have the judge who presided over his civil fraud trial in New York removed from the case.
According to the motion, Judge Arthur Engoron has violated the rules that govern the behavior of judges.
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In February, Engoron made a ruling ordering Trump to pay $464 million in disgorgement and pre-judgment interest. The former president and his adult sons were found liable for utilizing “numerous acts of fraud and misrepresentation” to overstate his net worth, with the intention of obtaining more favorable loan terms. Trump has denied any wrongdoing and has since appealed the decision in the case.
In the recent filing, Trump’s attorneys have alleged that the judge’s actions were fundamentally incompatible with the duties that come with being a judge. They have expressed their concerns about the judge’s behavior while donning the black robe and sitting in judgment.
According to the defense, Engoron violated New York’s Code of Judicial Conduct by discussing the details of Trump’s case with a real estate attorney in New York. The defense presented evidence of a conversation between Engoron and Adam Leitman Bailey, a lawyer, which reportedly took place three weeks prior to Engoron’s decision in the case.
While at the courthouse, Bailey noticed him in the corner and immediately told his client that he needed to speak with him. As reported by NBC New York, Bailey approached the individual and began a conversation, expressing his thoughts and reasons behind their discussion. Bailey’s primary objective was to ensure that the individual understood his perspective and made the necessary corrections.
Bailey was unavailable for immediate comment on the matter. Al Baker, the spokesperson for the court, stated, “We have no additional comments regarding this issue.”
In their filing on Thursday, Trump’s defense contended that Engoron must either step down from the case or arrange for a hearing on the allegations.
The filing stated that the Court seemed to have gone against not only the controlling law and the Constitution but also the governing standards of judicial conduct.
Next month, Trump is set to appeal the outcome of the civil fraud case to an intermediate appellate court. If the appeal is unsuccessful, the responsibility of overseeing payment of the financial penalty will fall on Engoron. Additionally, Engoron will continue to oversee the monitor he imposed on the Trump Organization to ensure the company’s financial statements are accurate. The trial revealed that the statements previously submitted by the organization inflated Trump’s wealth by up to $2 billion.
According to defense attorney Alina Habba, the allegations indicate that Engoron is incapable of impartially presiding over the case.
According to Habba, Judge Engoron’s conversations with Attorney Adam Leitman Bailey regarding the case’s strengths go against the code of conduct and prove that he cannot act as an impartial judge. Habba firmly believes that Judge Engoron must recuse himself from the case right away.
Chris Kise, the defense attorney, emphasized that Engoron’s recusal is crucial to safeguard the court’s reputation, as per a separate statement.
According to Kise, the judgment of $464 million against President Trump in a case that didn’t involve any victims, fraud, loss, or harm to any public or private interest has already put public confidence in the integrity of the New York legal system at risk. Moreover, there are now significant allegations of prohibited communications between the judge and a third party that are currently under investigation by the Judicial Conduct Commission. This means that the Court may have gone against both the controlling law and the Constitution, as well as the established standards of judicial conduct.
