Trump accuses judge and Letitia James of bias in surprise court address during fraud trial closing a
11 Jan 202418.00 GMTTrump says he's being 'politically persecuted', in surprise address at civil fraud trial - report
Donald Trump has started addressing the court in the closing arguments of his civil fraud trial, MSNBC reports.
The former president had asked to deliver the closing arguments himself, rather than his attorneys, but Judge Arthur Engoron rejected that request yesterday. It was unclear if he was going to speak in the courtroom today, but MSNBC reports that Trump began talking shortly after his lawyer Chris Kise asked Engoron for permission:
NEW: Chris Kise asks for permission to have Trump speak. Engoron, “Do you promise to just comment on the facts and the law?” Trump starts talking immediately without agreeing.
— Lisa Rubin (@lawofruby) January 11, 2024“This was a political witch hunt; we should receive damages for what they have taken our company through. They have no documents—they have nothing!” The only thing they have, Trump concedes, is the triplex, which was a mistake.
— Lisa Rubin (@lawofruby) January 11, 2024“I am not sure the dollar amount would have been that far off, if you want to know!” But Trump continues, “I am an innocent man. I have been politically persecuted. . . . This statute is vicious.”
— Lisa Rubin (@lawofruby) January 11, 2024Donald Trump’s attorney Alina Habba is relying heavily on sarcasm in her closing arguments, the Messenger reports.
While the New York attorney general, Letitia James, successfully argued that Trump and his co-defendants knowingly inflated the value of his organization’s assets to get better financial terms, Habba argued that the former president was guilty only of committing “human error”:
Habba's summations have been laced with heavy sarcasm and grand, dismissive gestures.
A representative quote: "Some fraud! What a fraudster!"
— Adam Klasfeld (@KlasfeldReports) January 11, 2024In the same sarcastic tone, Habba disputes that Trump intentionally inflated the size of his New York triplex.
“Explain to me, if you’re trying to commit fraud, why you would put in writing to a real estate agent, 'Excuse me, can you tell me how big this apartment is?'”
— Adam Klasfeld (@KlasfeldReports) January 11, 2024Habba:
"We’re human beings. He did his best."
She calls it "human error."
— Adam Klasfeld (@KlasfeldReports) January 11, 2024Donald Trump’s attorneys are continuing their closing arguments after a short break, with Alina Habba now up for the former president, MSNBC reports:
Alina Habba, prowling the well of the courtroom, said this case started before Tish James was elected, pointing at the Attorney General. Engoron reminds her to stick to the facts, which she says she is trying to do, but that James’s conduct is part of the factual record. 1/
— Lisa Rubin (@lawofruby) January 11, 2024She has not proven her case in the 44 days of this trial, Habba argues. “You’re right, Your Honor, you’re not a pushover,” she agrees. But Michael Cohen thinks you are, and that’s why he lied on the stand, Habba says.
— Lisa Rubin (@lawofruby) January 11, 2024Michael Cohen is, of course, Trump’s former attorney and fixer, who has since turned against him. He testified in October that he inflated the value of Trump’s assets to “whatever number Mr Trump told us to”.
11 Jan 202417.13 GMTRepublicans in Congress and elsewhere who are allied with Donald Trump have accused the Biden administration of “weaponizing” the federal government against their enemies.
Trump’s attorney Chris Kise is making a similar argument as his civil fraud trial draws to a close, MSNBC reports:
The Trump civil fraud case is not just victimless, but is bigger than Trump and “extremely dangerous.” It’s the weaponization of Executive Law 63(12), Chris Kise insists, and it’s “preposterous” for the AG to “attack demonstrably successful real estate” businesses.
— Lisa Rubin (@lawofruby) January 11, 2024“It’s not a license for the AG to strip individuals of all their property” just because she says so based on her interpretation of a “consumer fraud statute.” “Don’t do it, Your Honor.” And with that, Kise sits down.
— Lisa Rubin (@lawofruby) January 11, 2024Donald Trump’s attorney Chris Kise called Donald Trump’s civil fraud ‘victimless’, the Messenger reports:
Kise argues that the AG is going after Trump in a "victimless" offense.
"It's insane," he says.
The AG's counsel Kevin Wallace argued it wasn't "victimless" in opening statements, and the state almost certainly will dispute this assertion this afternoon.
— Adam Klasfeld (@KlasfeldReports) January 11, 2024Per MSNBC, it looks like Kise will soon finish his closing arguments. He is currently arguing the charges against Trump are unconstitutional:
Kise claims he’ll be done in roughly 5 minutes, but before he concludes, he asserts that the remedies the AG seeks are not only unsupported by the evidence but are also unconstitutional. How so? 1/
— Lisa Rubin (@lawofruby) January 11, 2024He says the relief would violate the Excessive Fines Clause, the Due Process Clause, the Takings Clause (as the relief sought would prevent Trump from disposing of his own property), and the Commerce Clause in that it would prohibit non-party New York businesses from transacting…
— Lisa Rubin (@lawofruby) January 11, 2024Here are some images from the Manhattan courtroom, just before closing arguments got under way in Donald Trump’s civil fraud trial:
Donald Trump’s lawyer Christopher Kise accused the New York attorney general, Letitia James, of “dragging Trump through the door” in the case.
“Trump is an industry expert. He’s been dealing with banks for 50 years,” Kise said. He repeated arguments made by the defense team over the course of the trial: that the lenders Trump worked with weren’t defrauded and that the financial statements at the center of the case were prepared by the Trump Organization’s “multimillion-dollar” accounting company, Mazars USA.
Kise cited the Trump Organization’s brand value as evidence that the company had accurately valued, or even undervalued, its assets. He also argued that a disclaimer on the financial statement made clear to lenders to use the information at their discretion.
Engoron, in his pre-trial judgment, had struck down much of these arguments.
“These non-party disclaimers do not insulate defendants from liability,” Engoron had written.
There have been moments in Kise’s arguments when Engoron appeared to be growing impatient. At one point, the judge told him that he does not have to accept testimony if he doesn’t find it credible.
Updated at 16.25 GMT11 Jan 202416.08 GMTCentral to New York attorney general Letitia James’s case against Donald Trump has been her claim that he deliberately inflated the value of Mar-a-Lago (among other properties) to secure better loan terms.
Chris Kise is arguing that the sprawling Florida resort is, in fact, a “single-family home” under the laws of Palm Beach, MSNBC reports, noting that James’s prosecutors will probably hit back strongly at this:
Kise is now arguing that Trump is entitled to value Mar-a-Lago as a single family residence because nothing in Trump’s agreement with the Town of Palm Beach prohibits it. Suffice it to say that I expect a robust answer to this by the AG’s office.
— Lisa Rubin (@lawofruby) January 11, 2024Reporters in the courtroom say Donald Trump’s attorney Chris Kise is arguing that that the New York attorney general, Letitia James, failed to prove the former president and his co-defendants committed fraud in his business dealings.
From MSNBC:
Trump lawyer Chris Kise argues they should win because according to two expert witnesses, Eli Bartov and Jason Flemmons, there were no indicia of fraud in the statements of financial condition.
— Lisa Rubin (@lawofruby) January 11, 2024Unsaid: The fact that Bartov never looked at the underlying supporting data that would have revealed the valuation methods and assumptions used therein and what made them allegedly fraudulent.
— Lisa Rubin (@lawofruby) January 11, 2024Per the Messenger, he’s also saying Trump is important to New York’s real estate market:
Kise says the AG is trying to "put someone who's been part of the fabric" of the New York State real estate industry out of business.
— Adam Klasfeld (@KlasfeldReports) January 11, 2024I’m in the courthouse for Donald Trump’s fraud trial, and the courtroom is packed to the brim with reporters and spectators.
Judge Arthur Engoron allowed photographers to take photos of the former president sitting with his attorneys at the defense table. Trump is wearing a navy suit and a red tie and is sitting next to attorneys Christopher Kise and Alina Habba.
“I see the usual mixture of anticipation and dread out there,” Engoron joked as the room waited for the photographers. “Trust me, this will be painless.”
“They don’t look any different than a month ago,” Engoron remarked.
The judge started with brief remarks marking the end of the trial.
“We are here on the last today of a trial that commenced October 2,” Engoron said, thanking the attorneys for “how hard you all worked”.
Trump’s attorney Kise is kicking things off today with closing arguments for the defense. He has about two hours to lay things out for Engoron. In the afternoon, prosecutors for the New York attorney general’s office will deliver their closing arguments.
Kise started the speech off by emphasizing there is no jury in the civil trial. “If there was a jury in that box, I’d be looking at them right now,” he said.
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