Donald Trump seeks mistrial in civil fraud case, claiming bias from judge
Former President Donald Trump’s legal team has filed a motion requesting a mistrial in his civil fraud case, alleging bias from the judge presiding over the case.
In the motion filed on Wednesday, Trump’s attorneys claim that “the evidence of apparent and actual bias is tangible and overwhelming.” The motion specifically cites Judge Arthur Engoron and his law clerk, who have been the subject of multiple complaints from Trump’s attorneys, resulting in a gag order from the judge.
Engoron has already signaled that he will deny the motion, initially advising Trump’s attorney that he shouldn’t file it but then saying he could file it in writing.
Trump’s attorneys argue that the judge has unfairly ruled against Trump, made comments during the trial that allegedly show bias, and has exceeded his discretion in working with his clerk, who has donated to organizations that support New York Attorney General Letitia James and others that oppose Trump. Trump’s lawyers wrote in the motion, “In this case the evidence of apparent and actual bias is tangible and overwhelming. Such evidence, coupled with an unprecedented departure from standard judicial procedure, has tainted these proceedings and a mistrial is warranted.”
The judge has defended his communications with his law clerk, stating that he has an “unfettered right” to discuss legal issues with her. Engoron’s gag order prohibits Trump and his attorneys from making any statements about court staff and specifically about communications he has with his law clerk. Trump has been fined twice for violating the gag order.
A spokesperson for the attorney general’s office issued a statement in response to the motion, saying, “Once again, Donald Trump is trying to dismiss the truth and the facts, but the numbers and evidence don’t lie. Donald Trump is now being held accountable for the years of fraud he committed and the incredible ways he lied to enrich himself and his family. He can keep trying to distract from his fraud, but the truth always comes out.”
The motion was made during the seventh week of trial as Trump’s team has begun putting on its defense. The judge has not yet ruled on the mistrial request.