NY - $250m fraud against Former President Donald Trump, Trump Org., Eric, Donald Jr., Sept 2022, Trial 2 Oct 2023

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Trump’s Lawyer Digs into Complaints About Clerk, Threatens to Move for Mistrial, Morning After Judge’s Warning​


The Trump attorney, Christopher Kise, also signaled that he may move for a mistrial based on allegations about the clerk that appeared in Breitbart, a website once run by the former president's ex-strategist Steve Bannon, its ex-executive chairman. Trump's circle has been circulating the article, which alleges the clerk had broken rules for political donations -- all to Democratic causes.

If the allegations are substantiated, Kise said: "I think the defense will have to make serious consideration to seeking a mistrial.

The Breitbart article accused Greenfield of making excessive campaign contributions, attributing the claims to a Twitter user from Wisconsin who had filed a bar complaint.

When Kise disclosed the genesis of the claims to the pro-Trump website, audible groans filled the courtroom.

 
"I think the defense will have to give serious consideration to seeking a mistrial," Kise said, initially referencing a vague media report that "some random individual" filed a complaint on Oct. 3 alleging "accusations of partisan political activity" by the judge's clerk.

"It's not information, it's an allegation," Judge Engoron initially responded. "I don't know what you are talking about, and I will respond later."

A state attorney argued that Kise was arguing a "frivolous position" and requested specifics about the news report Kise cited.

"I'm not the internet person. I want to say it is on Breitbart maybe. It's on a news outlet," Kise said, prompting laughter from the gallery.

"This idea that somebody notified me ... is absolutely untrue. OK? Absolutely untrue," Engoron responded. "I will let everybody in the room decide what they think about Breitbart."

"It's a shame you descended to this level," Engoron added.

A court spokesperson subsequently described the report as "not a serious complaint."
Trump fraud trial live updates: Eric Trump expected to finish testimony this morning
 
"I'm not the internet person. I want to say it is on Breitbart maybe. It's on a news outlet," Kise said, prompting laughter from the gallery.
Laughter is the response of most people to the word Breitbart, but there is a segment of people who really do think Breitbart is a reliable news source and perhaps it's their only news source. And they are the audience for these antics in the courtroom, imo. I predict we'll now hear on repeat that the clerk is some sort of devious Dem operative controlling the judge. Wait for that absurdity, it's coming. imo

jmo
 
Laughter is the response of most people to the word Breitbart, but there is a segment of people who really do think Breitbart is a reliable news source and perhaps it's their only news source. And they are the audience for these antics in the courtroom, imo. I predict we'll now hear on repeat that the clerk is some sort of devious Dem operative controlling the judge. Wait for that absurdity, it's coming. imo

jmo
oh it's already crept into the courtroom. The other day they claimed the clerk is running this trial and the judge is simply her puppet doing whatever she says.
 
"I certified something I believed was accurate. My lawyers told me was accurate, and our financial people told me was accurate," Eric Trump said.

While Eric Trump did not certify his father's financial statements themselves, like his brother Donald Trump Jr., the attorney general has alleged that these certifications to lenders are similarly fraudulent.

Eric Trump said that he did not personally review the methodologies or supporting data for the financial statements themselves, instead relying on lawyers and accountants to verify the documents for him.

"I wouldn't sign something that I thought was inaccurate," he said multiple times.
Eric Trump testifies that he signed financial certifications

"It is very clear that Mar-a-Lago is not a club, it is a private residence. I don't see anything wrong with that. 100 percent," Eric Trump said.

Previous testimony and documents in evidence demonstrated that despite the property being restricted by deed to club usage, Donald Trump continued to overvalue the property as if it could be sold as a private residence. Judge Engoron already found that the club was overvalued by 2,300%.

"Mar-a-Lago is a residence that could be sold to a private individual," Eric Trump insisted.
Eric Trump pressed on Mar-a-Lago valuation
 
"I certified something I believed was accurate. My lawyers told me was accurate, and our financial people told me was accurate," Eric Trump said.

While Eric Trump did not certify his father's financial statements themselves, like his brother Donald Trump Jr., the attorney general has alleged that these certifications to lenders are similarly fraudulent.

Eric Trump said that he did not personally review the methodologies or supporting data for the financial statements themselves, instead relying on lawyers and accountants to verify the documents for him.

"I wouldn't sign something that I thought was inaccurate," he said multiple times.
Eric Trump testifies that he signed financial certifications

"It is very clear that Mar-a-Lago is not a club, it is a private residence. I don't see anything wrong with that. 100 percent," Eric Trump said.

Previous testimony and documents in evidence demonstrated that despite the property being restricted by deed to club usage, Donald Trump continued to overvalue the property as if it could be sold as a private residence. Judge Engoron already found that the club was overvalued by 2,300%.

"Mar-a-Lago is a residence that could be sold to a private individual," Eric Trump insisted.
Eric Trump pressed on Mar-a-Lago valuation
I also sell membership to my residence and if you want to see me eat dinner, you can pay to watch me sit behind a roped-off dining table. (Ketchup is extra.)

jmo
 
"I certified something I believed was accurate. My lawyers told me was accurate, and our financial people told me was accurate," Eric Trump said.

While Eric Trump did not certify his father's financial statements themselves, like his brother Donald Trump Jr., the attorney general has alleged that these certifications to lenders are similarly fraudulent.

Eric Trump said that he did not personally review the methodologies or supporting data for the financial statements themselves, instead relying on lawyers and accountants to verify the documents for him.

"I wouldn't sign something that I thought was inaccurate," he said multiple times.
Eric Trump testifies that he signed financial certifications

"It is very clear that Mar-a-Lago is not a club, it is a private residence. I don't see anything wrong with that. 100 percent," Eric Trump said.

Previous testimony and documents in evidence demonstrated that despite the property being restricted by deed to club usage, Donald Trump continued to overvalue the property as if it could be sold as a private residence. Judge Engoron already found that the club was overvalued by 2,300%.

"Mar-a-Lago is a residence that could be sold to a private individual," Eric Trump insisted.
Eric Trump pressed on Mar-a-Lago valuation
Eric claims to work in Real Estate, doing hundreds of deals annually.

He should certainly know and understand a Deed Restriction. Currently Trump Sr is in violation of that, as he uses it as his personal residence in Florida.

I guess we will be watching another lawsuit over the Deed to Mar-A-Lago, where Trump tries to find ally cronies to judicate away the Deed.
 
The defense team is playing dumb about how court works, playing to their audience at home who doesn't know how court works, imo.


Lisa Rubin
@lawofruby
·
1h

"NEW: Engoron tells Team Trump he will continue to exchange notes with and consult his law clerks at any time and any place, and I have an unfettered right to do so. If you want to appeal, you have more than enough ammunition."

 
"We will reconvene on Monday at 10 a.m., and the first witness will be...?" Engoron asked state attorney Andrew Amer.

"The only witness will be Donald J. Trump," Amer said.
Court adjourned for the day, with Trump on deck for Monday

"We have an unbelievable company. We have some of the best assets anywhere in the world. We've never had a default. We've never missed a payment," Eric Trump said of the Trump Organization.
[snip]
"They've dragged Don and I and Ivanka into it as collateral damage," he said.
[snip]
"Let's get the murderers off the street. Let's take care of the crime. Let's rebuild our infrastructure. Everywhere you drive in New York, you hit a pothole and your car gets destroyed," he said.
Eric Trump, leaving court, criticizes case against his family
 
The judge overseeing Donald Trump’s civil fraud trial has expanded a gag order in the trial to extend to Trump’s attorneys after continued lengthy discussions about the judge’s communications with his law clerk during court this week.

In a written order Friday, Judge Arthur Engoron prohibited Trump’s attorneys from making any further comments about confidential communications between the judge and his staff inside or outside of the courtroom.

“Since the commencement of this bench trial, my chambers have been inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters and packages. The First Amendment right of defendants and their attorneys to comment on my staff is far and away outweighed by the need to protect them from threats and physical harm,” the judge wrote.

The judge said violating the order would result in “serious sanctions.”

 
Key passages:

"A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges."

The judge pulled this ^^ verbatim from 22NYC22 § 100.3 (B) (6)(6)(c). Perhaps concerns about courthouse roles will be eased knowing a judge has a staff with assigned responsibilities, and the judge and staff communicate with each other. (Not sure why that is such a surprise to people, but apparently it is.)

The defendant was gagged from talking about the court staff, but the defendant broke the gag and was fined.

The defense attorneys, as a result of their behavior regarding the clerk, are now gagged from making statements about communications between the judge and his staff.

The gag order is to protect the court staff and assure orderly court proceedings. It does not apply to statements about the judge, but about the staff and communications.

The judge's office has received harassing and threatening calls, voicemails, emails, letters, and packages since this trial began.

My comment: The defense is putting on a show for the maga crowd and it's an audience participation performance - the people are repeating falsehoods, believing lies, and, apparently, sending threats. imo


jmo
 
"We will reconvene on Monday at 10 a.m., and the first witness will be...?" Engoron asked state attorney Andrew Amer.

"The only witness will be Donald J. Trump," Amer said.
Court adjourned for the day, with Trump on deck for Monday

"We have an unbelievable company. We have some of the best assets anywhere in the world. We've never had a default. We've never missed a payment," Eric Trump said of the Trump Organization.
[snip]
"They've dragged Don and I and Ivanka into it as collateral damage," he said.
[snip]
"Let's get the murderers off the street. Let's take care of the crime. Let's rebuild our infrastructure. Everywhere you drive in New York, you hit a pothole and your car gets destroyed," he said.
Eric Trump, leaving court, criticizes case against his family

The judge overseeing Donald Trump’s civil fraud trial has expanded a gag order in the trial to extend to Trump’s attorneys after continued lengthy discussions about the judge’s communications with his law clerk during court this week.

In a written order Friday, Judge Arthur Engoron prohibited Trump’s attorneys from making any further comments about confidential communications between the judge and his staff inside or outside of the courtroom.

“Since the commencement of this bench trial, my chambers have been inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters and packages. The First Amendment right of defendants and their attorneys to comment on my staff is far and away outweighed by the need to protect them from threats and physical harm,” the judge wrote.

The judge said violating the order would result in “serious sanctions.”

I wish Judge Engoron hadn't used the term First Amendment right.

This is just waving huge red flags in front of those henchmen of Trump that are the ones causing the inappropriate calls, voicemails, emails, letters and packages to the court and it's officers. Harassment of court officers, not free speech.

Trump is obviously intending to attempt to ensnare higher courts in the New York State judicial system and clearly also wants to bombard The Supreme Court with these distracting and baseless allegations and appeals.

His attorneys are singing for their supper, essentially, as the theatrics and histrionics of Trump, family, and his legal representatives will be used to plead for funds that will pay someone to continue to represent him.

You don't really think Trump will expend a penny of his own for this? There are sure a lot of very foolish people willing to throw their money at a cheating carnival barker who cares nothing for them, just their money.
 
Last edited:
"I think the defense will have to give serious consideration to seeking a mistrial," Kise said, initially referencing a vague media report that "some random individual" filed a complaint on Oct. 3 alleging "accusations of partisan political activity" by the judge's clerk.

"It's not information, it's an allegation," Judge Engoron initially responded. "I don't know what you are talking about, and I will respond later."

A state attorney argued that Kise was arguing a "frivolous position" and requested specifics about the news report Kise cited.

"I'm not the internet person. I want to say it is on Breitbart maybe. It's on a news outlet," Kise said, prompting laughter from the gallery.

"This idea that somebody notified me ... is absolutely untrue. OK? Absolutely untrue," Engoron responded. "I will let everybody in the room decide what they think about Breitbart."

"It's a shame you descended to this level," Engoron added.

A court spokesperson subsequently described the report as "not a serious complaint."
Trump fraud trial live updates: Eric Trump expected to finish testimony this morning
This judge deserve a medal for putting up with this frivolous nonsence!
 
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