ln yet another spat between Judge Arthur Engoron and former President Donald Trump in the civil fraud trial brought against Trump by New York Attorney General Letitia James, Judge Engoron has rescinded an earlier approval for Trump to make his own closing argument in the case during its Thursday proceedings.
Initially, Judge Engoron had ruled that former President Trump could, so long as he made sure to limit his remarks to “commentary on the relevant, material facts that are in evidence, and application of the relevant law to those facts,” make his own closing statement during the end of the Thursday fraud trial.
According to a selection of emails between Judge Engoron and Trump’s lawyer that Trump posted about on Truth Social, Judge Engoron’s limitation came because he did not want Trump to delve into commenting on what he called “irrelevant matters.”
Judge Engoron wrote, “I will consent to let Mr. Trump make a closing argument if, and only if, through counsel by 1/9/2024, and by himself, personally, on the record, just before he speaks, he agrees to limit his subjects to what is permissible in a counsel’s closing argument, that is, commentary on the relevant, material facts that are in evidence, and application of the relevant law to those facts. He may not seek to introduce new evidence. He may not “testify.” He may not comment on irrelevant matters. In particular, and without limitation, he may not deliver a campaign speech, and he may not impugn myself, my staff, plaintiff, plaintiff’s staff, or the New York State Court System, none of which is relevant to this case, and all of which, except commenting on my staff, can be done, and is being done, in other forums. If Mr. Trump violates any of these rules, I will not hesitate to cut him off in mid-sentence and admonish him. If he continues to violate the rules, I will end his closing argument and prevent him from making any further statements in the courtroom. If he violates the current gag order against him, I will immediately direct court officers to remove him from the courtroom forthwith and will fine him not less than $50,000. Finally, he must state on the record before he begins to speak that he also understands that, without exception, defendants, collectively, have only from 10:15 to 12:45, with one 15-minute break, to present their arguments, meaning that whatever time he speaks is time that other defense attorneys will not have.”
Trump’s attorney, Chris Kise, tried pushing back on that severe limitation on what Trump can talk about. He argued, in the email, that the former President has “been wrongfully demeaned and belittled by an out of control, politically motivated Attorney General.” Kise argued that, as a result of that treatment, Trump should be allowed to “speak about the things that must be spoken about.”
Kise said, “This is very unfair, your Honor. You are not allowing President Trump, who has been wrongfully demeaned and belittled by an out of control, politically motivated Attorney General, to speak about the things that must be spoken about.”
Further, Kise argued that because of the recent death of Amalija Knavs, Melania Trump’s mother and Donald Trump’s mother-in-law, to whom Kise claimed Trump was “very close,” the closing arguments should be postponed so that Trump can properly grieve. Kise said, “I am sad to advise the Court that Mrs. Trump’s mother passed away this evening. Because of the challenges presented by this deeply personal family matter, President Trump has asked that I request the Court postpone the date for closing argument until on or after January 29, 2024, so that he may attend and participate in the Court.”
Judge Engoron refused that request. He wrote, “I am sorry to hear the sad news. The request to postpone tomorrow’s closing arguments is denied. I’m sure you realize, although you may not realize to what extent, that every appearance of Mr. Trump requires court officers, court clerks, administrators, security details, technical people, etc. to rearrange their schedules and to plan for the day. The administration even had to “evict” the jury trial currently taking place in Room 300 for tomorrow. Of course, I am also anxious to hear a full day of closing statements as I consider the case as a whole. On balance, going forward makes the most sense. Please tell Mr. Trump that I am sorry.”
Further, Judge Engoron said in an email to Kise that because Kise had not agreed to the limitations on what Trump could say in the closing statement, Trump would not be allowed to speak in court in the closing statement.
He said, “Not having heard from you by the third extended deadline (noon today), I assume that Mr. Trump will not agree to the reasonable, lawful limits I have imposed as a precondition to giving a closing statement above and beyond those given by his attorneys, and that, therefore, he will not be speaking in court tomorrow.”
Posting about the trial on Truth Social as he made his way to the courthouse, former President Donald Trump said, “Heading down to the Unconstitutional Witch Hunt in Lower Manhattan. ELECTION INTERFERENCE!!!”
Trump also posted, “I WILL THEN BE FORCED TO CIRCLE BACK TO NEW YORK WHERE I WOULD LIKE TO PERSONALLY DO THE CLOSING ARGUMENT ON THE CIVIL TRIAL WHERE THE TRUMP HATING JUDGE AND ATTORNEY GENERAL ARE WORKING CLOSELY TOGETHER TO “SCREW ME,” EVEN THOUGH I HAVE DONE NOTHING WRONG. THIS IS A RIGGED AND UNFAIR TRIAL — NO JURY, NO VICTIMS, A GREAT FINANCIAL STATEMENT — JUST BEFORE THE IMPORTANT IOWA PRIMARY — ELECTION INTERFERENCE. JUDGE REFUSES TO ABIDE BY THE JUNE APPELLATE DIVISION DECISION WHICH GAVE ME A TOTAL VICTORY IN THIS WITCH HUNT!”
A spokesperson for former President Trump said that it was regrettable that this trial was not a jury trial, saying, “There was never an option to choose a jury trial. It is unfortunate that a jury won’t be able to hear how absurd the merits of this case are and conclude no wrongdoing ever happened.”
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