Former President Donald Trump has officially requested a mistrial in the $250 million fraud case against the Trump Organization in New York, accusing Judge Arthur Engoron of bias and improper co-judging.
In a motion filed by Trump's lawyers, they argue that the evidence of bias is "tangible and overwhelming," claiming that only a mistrial can salvage the rule of law.
“In this case, the evidence of apparent and actual bias is tangible and overwhelming,” Trump’s lawyers wrote in the motion. “Only the grant of a mistrial can salvage what is left of the rule of law.”
The case, brought by New York Attorney General Letitia James, alleges that the Trump Organization falsely inflated property values to secure favorable loans. Engoron, the sole presider in this bench trial, is also the subject of Trump's accusations. Given that Engoron will rule on the mistrial motion, it raises questions about the likelihood of its success, especially considering the direct criticism of the judge's conduct.
“Before the court rules on most issues, the court either pauses to consult with her on the bench or receives from her contemporaneous written notes,” Trump’s lawyers wrote, highlighting the role of Principal Law Clerk Allison Greenfield.
Trump's legal team has been vocal about their intention to file for a mistrial for weeks, particularly as high-profile testimonies from Trump's family and former ally Michael Cohen unfolded. Engoron, in response to Trump's public statements, fined him a total of $15,000 for violating a gag order, emphasizing Trump's inability to speak about court staff, specifically Greenfield.
During a spat in court earlier this month, Engoron told Trump lawyer Christopher Kise that “there may be a bit of misogyny to the fact that you keep referring to my female principal law clerk.”
Greenfield is a key figure in the mistrial motion, with Trump's lawyers arguing that she exerts improper influence on the judge's decisions. They claim that she frequently collaborates with Engoron during court proceedings, including consultations and note-sharing. The motion includes images of Greenfield sitting next to Engoron on the bench, highlighting their close working relationship.
Engoron's concerns about the safety of his court staff in a politically charged environment have been voiced in court, and he has expressed a desire to avoid any harm. Trump's legal maneuvers, including dropping a lawsuit against Engoron and attempting to halt the trial pending an appeal, have faced obstacles from the court, allowing the trial to proceed as scheduled.
In response to the mistrial motion, a spokesperson for the New York attorney general's office dismissed it as another attempt by Trump to distract from the case. The statement emphasized that Trump is being held accountable for years of alleged fraud, stating, "the numbers and evidence don't lie."
While rumors circulated about a possible settlement, Trump's social media post claiming that Engoron proposed a lower settlement amount was met with silence from both Engoron and the attorney general's office. The trial is set to continue until December 22, with Trump's legal team presenting its list of witnesses. The mistrial request adds another layer of complexity to a case that has been closely watched and debated in legal and political circles.
