Last-Minute Legal Maneuver by Donald Trump Could Jeopardize New York Fraud Trial

36

An eleventh-hour legal action undertaken by the legal team of Donald Trump has the potential to destabilize a business fraud lawsuit slated for next month. The lawsuit has been filed by the Attorney General of New York against the former U.S. President and his corporation.

Last Thursday, Justice David Friedman of the state’s intermediate appellate court approved a temporary halt to the trial, originally set to commence on October 2. This move came after Trump’s legal representatives lodged a suit, asserting that the presiding judge, Arthur Engoron, has consistently overstepped his jurisdiction.

The appellate court is set to expedite its review of the case, and has signaled that a decision will be delivered by the week of September 25. Depending on this ruling, the trial could proceed as initially planned.

Among the issues spotlighted by Trump’s attorneys were Judge Engoron’s blunt denial of their recent plea for a three-week postponement of the trial, a decision he deemed “entirely without basis.” Furthermore, questions linger about the trial’s parameters, as Judge Engoron has not yet adhered to a directive from a June appeals court to clarify which allegations in the fraud lawsuit are precluded by the statute of limitations.

Notwithstanding this, other facets of the lawsuit filed by Attorney General Letitia James against Donald Trump and the Trump Organization will carry on as planned, according to Justice Friedman. These include scheduled oral arguments on September 22 aimed at seeking preliminary decisions on certain aspects of the case prior to the trial’s start.

Judge Engoron refrained from offering any comment, as indicated by a court spokesperson.

In a public statement, Attorney General James expressed confidence, stating, “We are prepared and will be ready for trial.” James’ lawsuit accuses Trump of swindling banks, insurers, and other entities by inflating the valuation of his real estate holdings and other assets, thereby exaggerating his net worth by up to $3.6 billion. The suit aims to secure $250 million in fines and to prohibit Trump from conducting business operations in New York.

Trump, who is currently leading the polls for the Republican nomination in the forthcoming presidential election, has categorically denied any misconduct.

In sworn testimony submitted for the lawsuit in April, Trump argued that the financial statements under scrutiny could not be considered reliable due to disclaimers included within them. He further told Attorney General James that her case lacks merit and should be abandoned.

The suit against Judge Engoron, initiated under an Article 78 of state law, marks the latest in a series of legal strategies employed by Trump to question the impartiality of judges overseeing his numerous legal battles.

Earlier this week, Trump’s lawyers petitioned for the recusal of U.S. District Judge Tanya Chutkan in a separate case related to election subversion, citing her previous remarks about Trump and his association with the January 6, 2021 Capitol riot. This application remains under review.

Moreover, Trump has previously attempted to disqualify Judge Juan Manuel Merchan in a Manhattan case regarding hush money, citing political bias. Judge Merchan denied the recusal request last month, asserting his capability to preside over the case impartially.

Trump has been openly critical of Judge Engoron in prior instances, criticizing him as “prejudiced and harsh” on social media following a chain of rulings that were not in his favor.

Last year, Trump’s legal team unsuccessfully sought to relocate James’ lawsuit from Engoron’s jurisdiction to the court’s Commercial Division, designated for complex corporate litigations.

Judge Engoron has estimated that the trial, if it goes forward, could span up to three months.

Trump’s legal representatives have appealed to Judge Engoron to dismiss the case outright before the trial commences, arguing that a significant portion of the allegations are time-barred and that James lacks the standing to sue.

On the other side, James’ office is petitioning for summary judgment in its favor on one of seven counts in her lawsuit—that Trump and his company committed fraud.

To make a ruling, Judge Engoron needs to answer two key questions, as proposed by James’ office: the veracity of Trump’s annual financial statements and whether those statements were employed in business transactions.

Trump is not anticipated to provide testimony in court if the case progresses to trial, although video footage of his prior depositions may be played.

__

For more confidential tips and updates, follow Michael Sisak at https://x.com/mikesisak or visit https://www.ap.org/tips/

---

For additional information on investigations related to Donald Trump, visit: https://bigbignews.net/donald-trump

Frequently Asked Questions (FAQs) about Donald Trump New York Fraud Trial

More about Donald Trump New York Fraud Trial

• New York Attorney General Letitia James
• New York State’s Intermediate Appellate Court
• Business Fraud Lawsuits
• Statute of Limitations in New York
• Article 78 Proceedings in New York
• U.S. Election Subversion Cases
• Summary Judgment in New York Courts
• Trump’s Prior Legal Cases