In a last-minute twist, former President Donald Trump’s legal team has thrown a wrench into the upcoming trial in the New York attorney general’s business fraud lawsuit. A state appeals court judge has ordered a potential postponement of the non-jury trial scheduled for October 2nd, following Trump’s lawyers’ allegations against the trial judge, Arthur Engoron, of abusing his authority.
Justice David Friedman, a judge on the state’s intermediate appellate court, has granted an interim stay of the trial and directed the full appeals court to expedite the consideration of the lawsuit. A decision from the appeals court is expected the week of September 25th, leaving the trial’s fate hanging in the balance.
Among the grievances raised by Trump’s legal team are Engoron’s firm denial of their recent request for a three-week trial delay, which he dismissed as “completely without merit.” There is also ongoing uncertainty about the trial’s scope because Engoron has yet to comply with a June appeals court order to determine which claims in the fraud lawsuit are time-barred by the statute of limitations.
Other aspects of Attorney General Letitia James’ lawsuit against Trump and the Trump Organization will proceed as scheduled. These include oral arguments set for September 22nd on requests from both James’ office and Trump’s lawyers for Engoron to make decisions on some or all of the case before the trial commences.
Engoron has chosen not to comment through a court spokesperson, while James expressed confidence in her case, stating, “We are ready for trial.”
James’ lawsuit alleges that Trump defrauded banks, insurers, and others by inflating the value of his assets in annual financial statements, potentially boosting his net worth by up to $3.6 billion. The lawsuit seeks $250 million in penalties and a ban on Trump conducting business in New York.
Trump, the leading contender for the Republican nomination in the next presidential election, vehemently denies any wrongdoing. In sworn testimony given for the lawsuit in April, Trump remarked that he didn’t believe his financial statements should be taken seriously due to their disclaimer, which states they should not be trusted.
This lawsuit against Judge Engoron, filed under a state law provision known as Article 78, represents Trump’s latest legal challenge against judges presiding over his numerous cases. In a similar vein, Trump’s lawyers have requested the recusal of the federal judge overseeing his election subversion case in Washington and previously attempted to remove the judge in his Manhattan hush-money criminal case.
Trump has a history of contentious interactions with Judge Engoron, previously referring to him as “vicious, biased, and mean” on social media after several unfavorable rulings. Engoron has estimated that the trial could last up to three months.
In their bid to dismiss the case entirely before trial, Trump’s legal team argues that many of the lawsuit’s allegations are time-barred and that James lacks standing to sue. James’ office, on the other hand, has asked Engoron to grant summary judgment in its favor on one of the seven claims in the lawsuit, specifically the claim of fraud by Trump and his company.
While Trump is not expected to testify in court if the case proceeds to trial, video recordings of his depositions may be presented as evidence.