Trump's lawyers call for N.Y. civil fraud judge's recusal
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Former President Donald Trump gives the keynote address at Turning Point Action's "The People's Convention" on June 15, 2024 in Detroit, Michigan.
Former President Trump's legal team on Thursday requested the recusal of New York Judge Arthur Engoron in his civil fraud case.
Why it matters: Trump's team accused Engoron of "engaging in prohibited communications" with a real estate attorney ahead of final judgment in the case.
- As an alternative to recusal, Trump's lawyers requested the court grant an expedited evidentiary hearing on the issues it brought up.
Driving the news: Adam Bailey, the attorney, told NBC New York that he spoke with Engoron to offer his advice on the case, weeks before the judge announced his decision.
- "I wanted him to know what I think and why," Bailey said in the interview, adding "because I really want him to get it right."
- Bailey represented a group of condo buyers who sued Trump in 2010 over allegations of frauded due to exaggerated claims about property value on the real estate project.
- Bailey has no connection to any of Trump's current criminal cases. He told NBC New York that he offered the advice to Engoron on his own and without prompting from the judge.
What they're saying: Trump's lawyers said this conversation calls the court's impartiality into question.
- "It is beyond dispute that neither Defendants nor the Attorney General were present during the purported communication with Mr. Bailey," Trump's lawyers wrote.
- "Nor did this Court ever notify either party that the purported communication took place, which would have at least permitted an opportunity for comment on the substance of the conversation, as conveyed by this Court."
- "Worse yet, Mr. Bailey's account indicates that this Court not only permitted but welcomed such prohibited communication," the filing says.
- The filing also argues that Bailey is not a "disinterested expert" in the case, but rather that he has a "vested interest" in the outcome and that the New York Supreme Court is at fault for not notifying both legal teams of the conversation between the men.
Worth noting: A state judicial conduct investigation is underway regarding the conversation.
- Engoron has denied that Bailey's comments influenced him in deciding Trump's case.
Catch up quick: In February, Engoron ordered Trump, his companies and fellow defendants to pay nearly $364 million over his business practices.
- Trump and his organizations, specifically, were penalized $354 million. He appealed the decision.
- Engoron ordered that a court-appointed independent monitor overseeing the Trump Organization's financial activity will continue to serve in the role for at least three years.
Go deeper: Trump keeps falsely claiming New York charged him millions to appeal fraud case
