Christian Smith
Former President Trump’s lawyers on Thursday demanded that the judge who oversaw his civil fraud trial recuse himself from the case over allegations that he improperly discussed it with an outside party.
“Allegations have emerged revealing that this Court may have engaged in actions fundamentally incompatible with the responsibilities inherent in donning the black robe and judging,” Trump lawyers Alina Habba and Clifford Robert wrote in a 24-page recusal motion.
On February 16, the day Judge Arthur Engoron handed down his multimillion-dollar ruling against Trump, a prominent New York real estate lawyer said in an interview with NBC New York that he approached the judge about three weeks earlier to offer unsolicited advice about the case.
“I saw him in the corner [at the courthouse] and I told my client, ‘I need to go.’ And I approached and we started talking. … I wanted him to know what I think and why … I really want him to get it right,” attorney Adam Leitman Bailey told NBC New York on Feb. 16.
Bailey later said that “the word ‘Donald Trump’” was never mentioned in the conversation, NBC New York reported, but when asked if it was clear they were discussing Trump’s case, the lawyer responded, “Well, obviously we weren’t talking. about the Mets.
At the time, court spokesman Al Baker told the outlet that Engoron’s decision “was solely his, deeply considered and completely uninfluenced” by Bailey, denying any ex parte conversation in which the case was discussed. without the presence of all parties.
In an email to The Hill, Bailey claimed his comments to NBC New York were “off the record” and said he “only discussed with the judge the September summary judgment decision,” where Engoron considered Trump and his co- -defendants responsible for fraud.
“I did not feel that speaking to Judge Engoron about my personal views on his already published decision was wrong in any way,” he said.
“I was lied to, I was lied to, and I’m devastated that this is all happening, it’s just wrong,” he continued. “I am devastated and hurt that even though Judge Engoron is retiring very soon, he still has to deal with this, because of a statement I made unofficially.”
The conversation between Bailey and Engoron sparked a state judicial conduct investigation last month.
“The New York Code of Judicial Conduct exists to ensure that litigants receive a fair and impartial trial,” Habba said in a statement. “Judge Engoron’s communications with Attorney Adam Leitman Bailey regarding the merits of this case, however, directly violate that code and demonstrate that Judge Engoron cannot serve as a fair arbiter.
“It is clear that Judge Engoron should withdraw immediately,” she said.
Engoron ruled in February that Trump, the Trump Organization and top executives conspired to alter the former president’s net worth to obtain tax and insurance benefits. He ordered them to pay a combined total of $464 million, plus interest. Trump appealed the decision.
Updated at 7:48 pm EST.
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