Left: Judge Arthur F. Engoron poses for a photo in the courtroom for the 4th day of Trump's civil fraud trial at the New York State Supreme Court on October 5th, 2023 (Photo by Meir Chaimowitz/NurPhoto via AP). Right: Former President Donald Trump speaks to the media at a Washington hotel, Tuesday, Jan. 9, 2024, after attending a hearing before the D.C. Circuit Court of Appeals at the federal courthouse in Washington. (AP Photo/Susan Walsh)
The judge overseeing Donald Trump's civil fraud case in New York has opted to nix the former president's chance to make his own closing argument this week, telling his lawyers Trump appeared unable to agree to stick to the "relevant" matters underpinning the civil fraud trial.
The Associated Press reported first that Judge Arthur Engoron yanked the permission and CNN reported Wednesday that the notice came via letter shortly after 12 p.m.
It was the "third extended deadline" the judge had offered for Trump to agree to the terms of what he might say at closing arguments, slated for Thursday. Specifically, the judge sought to reel in any commentary that would address topics beyond the evidence, or topics that might force the entry of new evidence.
"Not having heard from you by the third extended deadline (noon today), I assume that Mr. Trump will not agree to the reasonable, lawful limits I have imposed as a precondition to giving a closing statement above and beyond those given by his attorneys, and that, therefore, he will not be speaking in court tomorrow," Engoron wrote in a letter to Trump's attorneys.
The former president's lawyer Christopher Kise balked at limitations, according to the AP, calling them too ambiguous. The terms would create "the substantial likelihood for misinterpretation or an unintended violation," Kise said.
Kise also claimed Trump had been "belittled" by the court.
It is unclear what will now unfold at closing arguments Thursday from Trump's side, but as far as the prosecution goes, New York Attorney General Letitia James has already broadcast how she expects things to conclude: she will ask the judge to ban Trump for the rest of his life from dealings in the New York real estate industry and fine him $370 million for his years of "repeated and persisted fraud."
The bans would also extend to former Trump Organization CFO Allen Weisselberg, and former Trump Organization controller Jeffrey McConney. A five-year ban has been requested by prosecutors for Trump's sons Donald Trump Jr. and Eric Trump.
James alleges Trump has inflated his net worth by billions in order to fraudulently obtain business and insurance loans.
It is worth noting that in a typical case such as Trump's it might be unusual for the defendant to deliver remarks at the end of proceedings but in an email exchange between Kise and the judge, the judge was willing to let the former president speak up within reason and under limitations that would have applied to everyone else in the courtroom, too. Trump's comments were expected to come in addition to remarks from his lawyer.
On Tuesday after Trump's lawyers refused to accept terms that Trump only speak to "material facts," Engoron told the lawyer to "take it or leave it."
From the email:
"Such arguments may not be used to testify, to introduce new evidence, to make a campaign speech, or to comment on irrelevant matters. People v. Kennedy, 177 AD3d 628, 630 (2d Dept 2019) ("[T]he trial court may preclude summation arguments that are speculative and unsupported by any evidence"); People v. Ramirez. 150 AD3d 898, 899 (2d Dept 2019) ("Summation is not an unbridled debate in which the restraints imposed at trial are cast aside so that counsel may employ all the rhetorical devices at his [or her] command"); People v. Hightower. 176 AD3d 865, 867 (2d Dept 2019) ("Counsel must, among other things, 'stay within "the four corners of the evidence" and avoid irrelevant and inflammatory comments'").
The judge continued: "Anyone can comment on the arguments of an opposing party or counsel, but may not seek to impugn their character. Of course I will apply common sense if there is any issue or doubt, but I will not let anyone violate the normal rules of courtroom procedure that govern closing arguments."
Before telling Kise Trump would be unable to speak, the email shows the judge growing impatient as the noon deadline he imposed loomed.
"Take it or leave it. Now or never. You have until noon, seven minutes from now," Engoron wrote.
At the end of the message, he wrote in all caps: "I WILL NOT GRANT ANY FURTHER EXTENSIONS."
The civil fraud trial has been riddled with instances of Trump's insolence; he attacked the judge's clerk on social media and a narrow gag order was imposed not long thereafter. His repeated violations garnered a $15,000 fine.
Trump appealed the penalty.