For former lawyers President Donald Trump has filed a new motion in a New York civil fraud case, alleging the judge engaged in “prohibited communications” and should recuse himself from the case.
In a petition filed in New York State Supreme Court, Trump’s lawyers accused Judge Arthur Engoron of engaging in actions that are “fundamentally inconsistent with the responsibilities associated with wearing the black robe and practicing justice.”
The action refers to conversations Engoran allegedly had with New York City real estate attorney Adam Leitman Bailey, “in which the merits of this case, the allowable limits of the New York State Attorney General and this Court’s own authority under the Executive Law … and the consequences of this Court’s decision on business in the State were discussed.”
“The New York Code “The Code of Judicial Conduct is meant to ensure that litigants receive an opportunity for a fair and impartial trial. However, Justice Engoran’s communications with attorney Adam Leitman Bailey regarding the merits of this case directly violate that code and demonstrate that Judge Engoran cannot serve as an impartial arbitrator. It is clear that Judge Engoran must immediately recuse herself,” Trump spokeswoman Alina Habba said in a statement.
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Justice Arthur Engoron will preside over the Trump Organization’s civil fraud trial on November 13, 2023, in New York State Supreme Court in New York City. (ERIN CHAF/POOL/AFP via Getty Images)
According to the filing, Bailey told ABC in an interview that he attempted to advise Engoron several weeks before the judge’s decision.
The filing states, “Although Mr. Bailey claims that President Trump was not mentioned by name in the conversation, when asked if ‘it was clear that (his) opinion was relevant to this matter,’ Mr. Bailey stated that ‘obviously we were not talking about the Mets.'”
In February, Engoron found Trump liable for more than $350 million in damages in a civil fraud case brought against him by New York Attorney General Letitia James.
Trump’s family and the Trump Organization were also targeted in James’ case. Engoron ruled Trump and the defendants were charged with “persistent and repeated fraud”, “falsification of business records”, “issuing false financial statements”, “conspiracy to make false financial statements”, “insurance fraud”, and “conspiracy to commit insurance fraud”.
Judge criticized Trump’s behavior During the trial he said he “rarely answered the questions put to him, and he often made long, irrelevant speeches on issues beyond the scope of the trial.”
New York Attorney General Letitia James speaks during a press conference on September 21, 2022 in New York. (AP Photo/Brittany Newman, File)
According to the ABC report cited in the filing, a court spokesperson said:
“No ex parte conversations relating to this matter took place between Justice Engoran and Mr Bailey or any other individual. The decision Justice Engoran rendered on 16 February was his own, was well considered, and was completely uninfluenced by that individual.”
The filing states that since these allegations came to light, “it has been reported that the New York State Commission on Judicial Conduct has begun an investigation into the conduct of this Court” and “at least a dozen news outlets have reported on both the alleged ex parte communications and the pending investigation.”
“The law is clear that any communication outside the presence of the parties or their attorneys must be subjected to strict scrutiny,” Trump’s lawyers argued in the case. “The court has an obligation to avoid attempted ex parte communications, and if ex parte communications occur, the court must, at a minimum, promptly notify all parties of the communication.”
“The appropriate remedy for ex parte communications is to notify the parties and withdraw from the matter,” it says.
“Here, it is beyond dispute that neither Defendants nor the Attorney General were present during the alleged communications with Mr. Bailey. Nor was this Court ever informed of any of the alleged communications, which would have provided an opportunity to comment on at least the substance of the conversations described by this Court,” the filing states.
“Worse still, Mr. Bailey’s account suggests that this Court not only permitted such prohibited communications, but welcomed them. According to Mr. Bailey, this Court was an active participant in the conversation regarding the merits of the case, including when this Court asked Mr. Bailey ‘a lot of questions.'”
Donald Trump arrives at Trump Tower on Thursday, May 30, 2024, after being found guilty of 34 counts of falsifying business records in the first degree. (Felipe Ramales for Fox News Digital)
Bailey did not immediately respond to Fox News Digital’s request for comment.
It is noteworthy that Bailey had successfully sued the then real estate tycoon Trump several years ago over a condo dispute.
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The filing concludes, “For the reasons set forth above, Defendants respectfully request that this Court recuse itself from this case, or, in the alternative, set the matter for an evidentiary hearing, and grant any other and additional relief it deems appropriate.”
Fox News Digital’s Bradford Betz and Brooke Singman contributed to this report.
