Former US President Donald Trump filed a motion for a mistrial Wednesday in the New York civil fraud trial against the Trumps and the Trump Organization.
The motion claims that a mistrial is the only way to “salvage what is left of the rule of law.” A court has discretion to declare a mistrial when there is evidence of an unfair trial, which in turn results in a new trial. The 30-page filing alleges the case has been tainted with bias against Trump from presiding Judge Arthur Engoron and other members of the court. The US Constitution guarantees the right to a fair trial to defendants.
The motion details instances that allege Engoron’s activities outside of the courtroom violated New York’s Code of Judicial Conduct Section 100.3(B)(8), which prohibits judges from making comments on active proceedings. Trump points to activities spanning 2020 to 2022, including multiple links concerning the Trump family and ongoing lawsuits posted by Engoron on a weekly newsletter for The Wheatley School which boasts more than 4,000 subscribers.
Further, Trump argues Engoron’s Principal Law Clerk, Allison Greenfield, has improperly taken up the position of “co-judge” by giving “unprecedented input” during the trial, violating New York’s Code of Judicial Conduct Section 100.2. Another allegation made against Greenfield is her political activities, including almost $4,000 in donations to Democratic Party candidates and organizations over the past two years. New York’s Code of Judicial Conduct Section 100.5(C)(2) prohibits more than $500 in political donations from people on a judge’s staff.
Additionally, Trump claims the evidentiary rulings have been “legally misguided and biased in favor of the Attorney General [Letitia James].” The motion ends by stating that declaring a mistrial is the “only way to maintain public confidence in a truly independent and impartial judiciary and the rule of law.”
Recently, Engoron ruled on one cause of action in the case, finding that Trump and his associates lied about the value of some business assets beginning in 2011. The trial is still ongoing for the remaining six causes of action, including falsification of business records, insurance fraud, and conspiracy. Trump himself took the stand last week where he veered from answering questions to attacking the court.
