Donald Trump seeks mistrial in ‘tainted’ fraud case — citing judge’s ‘overwhelming’ bias
Donald Trump argued that the $250 million civil fraud trial against him is “tainted” by “overwhelming” bias by the Manhattan judge deciding his fate as he made a motion for a mistrial on Wednesday.
“In this case, the evidence of apparent and actual bias is tangible and overwhelming,” Trump lawyers Clifford Robert and Alina Habba wrote in papers filed in Manhattan Supreme Court on Wednesday morning just before the 28th day of trial began.
“Such evidence, coupled with an unprecedented departure from standard judicial procedure, has tainted these proceedings and a mistrial is warranted,” the papers continued.
Trump, 77, claims the trial has been rife with biased rulings from Justice Arthur Engoron and has unfairly included “co-judging” by the judge’s principal law clerk, Allison Greenfield.
Among Engoron’s allegedly skewed rulings cited in the motion is the partial gag order he issued barring Trump from publicly speaking about his court staff.
The gag order was put in place during the second day of trial after Trump posted a photo of Greenfield with Senate Majority Leader Chuck Schumer (D-NY) and baselessly claimed that “Schumer’s girlfriend” was “running the case.”
Trump was fined a total of $15,000 by Engoron after the judge found that the ex-president had twice violated the order, which was extended to also bar Trump’s lawyers from speaking about court staff.
Trump alleges both the judge and Greenfield have a history of political bias against him, including Engoron sending news articles about the Trump case multiple times in a college alumni newsletter and Greenfield, a Democrat, making political contributions totaling $3,900 to groups that supported New York Attorney General Letitia James, the court papers state.
For example, Engoron allegedly sent articles about the Trump case — and an earlier related lawsuit — eight times starting on Oct. 2, 2020, in a Wheatley School alumni newsletter, the filing states.
The articles were “disparaging parties and counsel, including Eric Trump, President Trump, Ms. Habba … and covering his own decisions, in derogation,” the motion claims.
The most recent article “criticizing Ms. Habba” was sent by the judge on Sept. 11, 2022, 10 days before James filed her fraud suit against Trump, the court papers claim.
Greenfield has been given “unprecedented status and input” in the case, the filing claims, including photos of the clerk seated next to the judge during the trial.
Engoron has said in court that he is allowed to confer with his clerk, who has often been seen whispering and passing notes to him during the trial.
Trump’s lawyer claimed that this “at a minimum” gives the appearance of “co-judging” by an “unelected staff member,” according to the filing.
The judge has never stopped Trump from criticizing the jurist himself.
But he noted that his chambers had received threats since the trial started and cited safety reasons for the ban on speaking about his staff.
Engoron said he won’t rule immediately on the mistrial motion and gave the AG’s side until Thursday morning to determine whether they would file papers in response, according to ABC News.
Follow along with The Post’s live blog for the latest on former President Donald Trump’s fraud trial
James filed suit against Trump in September 2022 alleging that he’d lied on financial statements for a decade, exaggerating his net worth by billions a year for better loan and insurance terms and saving him hundreds of millions of dollars.
The trial — which was also filed against the two elder Trump sons Don Jr. and Eric, the Trump Organization, and others tied to the company — has been ongoing since Oct. 2.
“Once again, Donald Trump is trying to dismiss the truth and the facts, but the numbers and evidence don’t lie,” James said in a statement Wednesday.
“Donald Trump is now being held accountable for the years of fraud he committed and the incredible ways he lied to enrich himself and his family,” she said. “He can keep trying to distract from his fraud, but the truth always comes out.”
Al Baker, a spokesperson with New York courts, said: “We have no comment on active, ongoing litigation.”
