NEW YORK >> A last-minute legal challenge by Donald Trump’s lawyers has the potential to disrupt a trial scheduled for next month in the New York attorney general’s business fraud lawsuit against the former president and his company.
A state appeals court judge ordered a potential postponement of the non-jury trial, scheduled to start Oct. 2, after Trump’s lawyers filed a lawsuit accusing the trial judge, Arthur Engoron, of repeatedly abusing his authority.
Justice David Friedman, a judge on the state’s intermediate appellate court, granted an interim stay of the trial and ordered the full appeals court to consider the lawsuit on an expedited basis. The court indicated it would issue a decision the week of Sept. 25, meaning the trial could still start on schedule depending on its ruling.
Among the issues raised by Trump’s lawyers were Engoron’s refusal to grant their recent request for a three-week trial delay, deemed “completely without merit,” and the uncertainty about the trial’s scope because he has not yet complied with a June appeals court’s order to determine which claims in the fraud lawsuit are barred by the statute of limitations.
Other proceedings in Attorney General Letitia James’ lawsuit against Trump and the Trump Organization will proceed as scheduled, Friedman said. These include oral arguments on Sept. 22 regarding requests from James’ office and Trump’s lawyers for Engoron to decide on some or all of the case before the trial begins.
Engoron declined to comment through a court spokesperson.
In a statement, James said, “We are confident in our case and will be ready for trial.”
James’ lawsuit alleges that Trump defrauded banks, insurers, and others through inflated financial statements, increasing his net worth by as much as $3.6 billion. The lawsuit seeks $250 million in penalties and a ban on Trump doing business in New York.
Trump, the front-runner for the Republican nomination in next year’s presidential election, has denied any wrongdoing.
In sworn testimony given for the lawsuit in April, Trump said he didn’t believe his financial statements would be taken seriously due to the disclaimer stating they should not be trusted. He told James, a Democrat, “You don’t have a case and you should drop this case.”
“Do you know the banks were fully paid? Do you know the banks made a lot of money?” Trump testified. “Do you know I don’t believe I ever got even a default notice, and even during COVID, the banks were all paid? And yet you’re suing on behalf of banks, I guess. It’s crazy. The whole case is crazy.”
This lawsuit against Engoron, filed under a provision of state law known as Article 78, is Trump’s latest attack on judges presiding over his various legal cases.
Trump’s lawyers also requested the recusal of the federal judge in his election subversion case in Washington, claiming that U.S. District Judge Tanya Chutkan’s past public statements and her connection to the Jan. 6, 2021, U.S. Capitol riot raise concerns about her impartiality. The request is currently pending.
Prior to that, Trump attempted to remove the judge in his Manhattan hush-money criminal case, arguing that Judge Juan Manuel Merchan is biased due to his financial contributions to Democrats and his daughter’s work as a party consultant. However, Merchan rejected their request, stating that he is confident in his ability to be fair and impartial.
Trump has previously expressed animosity towards Engoron, referring to him on social media as “vicious, biased, and mean” after receiving unfavorable rulings, including a contempt order that resulted in a $110,000 penalty for not complying with James’ office’s evidence request in a timely manner.
Last year, Trump’s lawyers unsuccessfully attempted to have James’ lawsuit moved from Engoron’s courtroom to the court’s Commercial Division, which is better equipped to handle complex corporate litigation.
Engoron has estimated that the trial could last up to three months.
Trump’s lawyers have asked Engoron to grant summary judgement to dismiss the case entirely before the trial commences. They argue that many of the allegations in the lawsuit are barred by the statute of limitations and that James lacks standing to sue because the entities Trump supposedly defrauded have never complained and have even profited from their business dealings with him.
James’ office has requested that Engoron grant summary judgement in their favor on one of the seven claims in her lawsuit – that Trump and his company committed fraud.
According to James’ office, Engoron only needs to answer two questions in order to make a ruling: whether Trump’s annual financial statements were false or misleading, and whether he and the Trump Organization used those statements during business transactions.
If the case goes to trial, it is not expected that Trump will testify in court, but video recordings of his depositions could be played.
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