Lawyers for former President Donald Trump have filed a motion in his New York civil fraud case, alleging that the judge engaged in “prohibited communications” and should recuse himself. The motion accuses Judge Arthur Engoron of actions that are “fundamentally incompatible” with his role and cites a conversation Engoron allegedly had with attorney Adam Leitman Bailey regarding the case. Trump’s spokesperson stated that these communications violate the New York Code of Judicial Conduct and demonstrate that Engoron cannot serve as a fair arbiter, calling for his immediate recusal.
The filing mentions that Bailey claimed to have advised Engoron weeks before his decision, with Bailey himself acknowledging that the conversation was related to the case. Engoron had previously found Trump liable for over $350 million in damages, ruling against him in the civil fraud case brought by New York Attorney General Letitia James. The judge criticized Trump for his behavior during the trial, stating that he rarely responded to questions and often went off-topic with irrelevant speeches.
A spokesperson for the court has denied any ex parte communication between Engoron and Bailey or any other individual, insisting that Engoron’s decision was made independently and without influence. However, the filing notes that an investigation by the New York State Commission on Judicial Conduct has been launched into Engoron’s conduct in response to the allegations. Trump’s lawyers argue that any communication outside of the presence of the parties or their lawyers must be closely examined, and the appropriate remedy for such communication is recusal.
The motion calls for Engoron to recuse himself or set the matter down for an evidentiary hearing, requesting any other relief deemed appropriate by the court. Bailey, who successfully sued Trump years ago over a condo dispute, did not immediately respond to requests for comment. The filing concludes by urging the court to take action given the seriousness of the allegations and the potential impact on the fairness of the proceedings. Fox News Digital reporters contributed to the report on this ongoing legal battle involving Trump and the New York Attorney General.
In summary, the motion filed by Trump’s lawyers in his New York civil fraud case alleges that the judge engaged in prohibited communications and should recuse himself. The motion cites a conversation between Judge Arthur Engoron and attorney Adam Leitman Bailey regarding the case, which Trump’s spokesperson argues violates the New York Code of Judicial Conduct and undermines Engoron’s ability to serve as an impartial arbiter. The filing also mentions allegations of ex parte communication and the launch of an investigation by the New York State Commission on Judicial Conduct.
Engoron had previously ruled against Trump in the case, finding him liable for over $350 million in damages and criticizing his behavior during the trial. The denial of any ex parte communication by a court spokesperson is disputed in the filing, which argues that such communication must be scrutinized and, if found to have occurred, may warrant recusal. The motion calls for Engoron to step aside or hold an evidentiary hearing to address the allegations and ensure a fair legal process.
The motion also highlights Bailey’s past legal disputes with Trump and the potential implications of his involvement in advising the judge. While Bailey did not respond to requests for comment, the filing concludes by requesting the court to take appropriate action and consider the serious nature of the allegations raised. This development adds a new layer of complexity to the ongoing legal battle between Trump and the New York Attorney General and raises questions about the integrity of the judicial process in this high-profile case.
