On Wednesday, in the midst of the New York fraud case against former President Trump, his legal team made a significant request, seeking a mistrial. Their argument revolved around what they perceived as a detrimental bias displayed by the trial judge, Judge Arthur Engoron, and his principal law clerk.
Apparent Bias
In a comprehensive 30-page motion, Trump’s counsel vehemently asserted that this apparent bias could jeopardize the rights of the defendants and undermine the very integrity of the judicial system. To support their claim, they pointed to Judge Engoron’s questionable online activity on a Wheatley School alumni page that he seemingly administers. On this platform, the judge had made posts referencing the ongoing case and individuals involved, including Trump, his son Eric Trump, and Trump’s attorney Alina Habba.
In response to Trump’s criticisms of the clerk, who frequently consults with Engoron, a limited gag order was imposed, preventing any parties from discussing the judge’s staff publicly.
Trying To Distract
Trump, utilizing his Truth Social account, unjustly labeled the clerk as Senate Majority Leader Chuck Schumer’s “girlfriend” and divulged personal information about her. A Schumer spokesperson swiftly denounced the post, saying, “He can keep trying to distract from his fraud, but the truth always comes out.”
A spokesperson from the New York attorney general’s office responded, asserting that Trump was once again attempting to “dismiss the truth and the facts, but the numbers and evidence don’t lie.”
A Strengthening Argument
Trump’s legal team highlighted a New York code explicitly forbidding judges from making any public comments about pending or impending proceedings within the United States or its territories. This code violation added to their argument of bias against Trump.
Notably, the mistrial request also addressed concerns about the principal law clerk, who appeared to wield an undue influence over the trial proceedings. Allegedly, the clerk assumed a quasi-judicial role, frequently conferring with Judge Engoron through whispers or written notes before issuing orders. Trump’s counsel decried this unprecedented and inappropriate latitude given to the clerk during the trial.
Unprecedented and Inappropriate Latitude
The filing also revealed, “The principal law clerk is given unprecedented and inappropriate latitude.” These contributions were directed towards groups opposing Trump and in support of New York Attorney General Letitia James.
As Trump and his legal team persistently pushed the boundaries with their remarks regarding the clerk, the judge’s exasperation grew. At one unexpected juncture, the judge even summoned Trump to the witness stand to provide an explanation for his comments.
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