The ex-president, Donald Trump, has submitted a request for a fresh trial in his civil fraud lawsuit, contending that the presiding judge possesses a prejudiced disposition against him.
In a legal document submitted on Wednesday, the legal representatives of former President Trump asserted “The evidence of apparent and actual bias is tangible and overwhelming.”
The subject matter pertains to Judge Arthur Engoron and his legal clerk. According to a report by CNN, there have been numerous complaints made by President Trump and his legal team over the individual in question, resulting in the judge issuing an order for all parties involved to refrain from further public discussion.
Engoron has explicitly shown his disinterest in entertaining the move. Initially, he advised the lawyer representing Trump against submitting the document, but subsequently granted permission for its submission in written form.
According to Trump’s legal team, “In this case, there is a lot of tangible evidence of real and apparent bias. This evidence, along with a departure from normal court procedures that have never been seen before, has tainted these proceedings, and a mistrial is necessary.”
The judge has asserted his “unfettered right” to engage in unrestricted discussions with his law clerk regarding matters of law as a means of defending his actions. Additionally, he has highlighted the existence of distinct regulations regarding political contributions in cases where the clerk is engaged in a campaign, as was the case with the clerk in question.
Engoron’s imposed restriction prohibits Trump and his legal representatives from making any statements concerning court personnel, particularly pertaining to the content of his discussions with his law clerk. The non-disclosure directive was violated on two separate occasions, resulting in financial penalties imposed on President Trump on both occasions.
According to a representative from the office of the attorney general, “Once again, Donald Trump is trying to gloss over the truth and the facts. Now, Donald Trump is being held responsible for the years of fraud he committed and the crazy lies he told to get rich for himself and his family. He can try to hide his fraud all he wants, but the truth will always come out.”
At the commencement of the seventh week of the trial, the defense team representing Trump had initiated the process of constructing its legal arguments.
The ex-president, Donald Trump, persisted in expressing his disapproval of Letitia James, the Attorney General of New York, subsequent to his recent court hearing in the civil fraud trial. Trump denounced James for “smirking” within the confines of the courtroom.
Trump excoriated her in a post shared on Truth Social: “Racist A.G. Letitia James is smirking all day long from her seat in Court, as New York continues to set records in murder and other violent crimes, and businesses flee to other States.”
According to reports, it was observed that James had a grinning expression when Donald Trump Jr. assumed the position of a witness in a courtroom situated in New York City on Monday.
NY AG Letitia James caught smirking as Don Jr. takes the stand at Trump civil trial https://t.co/rzNcfQGLMv
— Fox News (@FoxNews) November 14, 2023
The trial may be deemed somewhat lacking in purpose, as Judge Arthur Engoron, who now presides over the proceedings, has previously rendered a ruling that holds Trump and his corporation, the Trump Organization, civilly accountable for artificially inflating asset valuations to obtain more favorable loan terms.
Nevertheless, the specific penalty remains undetermined. James is pursuing a monetary sanction of $250 million and a prohibition on Trump engaging in any commercial activities within the state.
Critics have levied allegations suggesting that the initiation of the case by the individual in question was motivated by political animosity, as she had campaigned for the aforementioned position by pledging to take action against the former president.
After his recent court appearance, Don Jr. strongly criticized James and made a prediction that New York City would “beg” the return of business founders, including his father, who have departed from the city due to escalating quality of life concerns.
Don Jr. asserted that “This is about the attorney general going after and prosecuting her political enemies.” He also emphasized that the accounting record, which served as the focal point of the case, is unrelated to himself or his brother, Eric Trump.
According to Trump, “My brother and I had nothing to do with it, but it doesn’t matter because it’s a witch hunt.”
He referred to James as “an overzealous attorney, an overzealous attorney general who would destroy all of New York business by going after transactions where there are no victims.”
Ty Cobb, an attorney who served in the White House during the Trump administration, provided an analysis on Tuesday regarding the potential consequences of Donald Trump’s inflammatory language and his criticisms directed towards individuals responsible for overseeing or participating in his numerous legal proceedings.
Cobb suggested that these actions may lead to initial sanctions against the former president and eventually culminate in his incarceration pending the outcome of certain trials.
Rephrased from: The Republic Brief By: Trump Knows
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Rephrased from Trump Knows by InfoArmed