Former U.S. President and Republican presidential candidate Donald Trump departs after speaking during a Commit to Caucus rally at the North Iowa Events Center in Mason City, Iowa, on January 5, 2024.
Christian Monterrosa | AFP | Getty Images
Donald Trump is not allowed to make his closing argument in person at his fraud trial in New York on Thursday because he did not agree to restrictions on what he could say, a judge told the former president’s lawyer in a new letter.
Judge Arthur Engoron told Trump’s lawyer, Chris Keyes, on Wednesday that because he was not informed by Keyes that he agreed to the terms the judge imposed on Trump, Engoron assumed that Trump would not comply. Engoron also rejected a proposal by Trump to delay the final debate by nearly three weeks because Trump’s mother-in-law died on Tuesday.
Engoron’s order came after a series of contentious emails between him and Kise over Trump’s highly unusual plan to give some of the defense’s closing arguments Thursday in Manhattan Supreme Court.
The judge had placed a series of restrictions on what Trump would be allowed to say, but Kise in several emails resisted those terms after being given several extensions to make a decision.
Engoron said Trump would only be allowed to speak about “substantial facts in evidence and the application of the relevant law to those facts,” and lawyers are also restricted.
The judge had said he would not allow Trump to make a “campaign speech” or attack the judge, his staff or Attorney General Letitia James, whose business fraud lawsuit is the basis of the trial.
“I will not discuss this again,” Engoron wrote to Kize in an email at 11:54 a.m. ET on Wednesday, which appeared in a filing in the case docket.
“Take it or leave it. Now or never,” the judge added. “You have until noon, seven minutes from now. I WILL GRANT NO FURTHER EXTENSIONS.”
At 12:12 PM, Engoron wrote back to Kise.
“I haven’t heard from you by the third extended deadline (noon today) I assume Mr. Trump will not agree to reasonable, legal limits as a condition of giving a closing argument above and beyond what the lawyers have given of him, and that therefore he will not speak tomorrow in court,” Engoron wrote.
Another Trump lawyer, Alina Haba, said in an emailed statement to CNBC about the judge’s order: “Is anyone surprised anymore?”
Closing arguments are scheduled to begin at 10 a.m. ET Thursday.
James accuses Trump, his two adult sons and the Trump Organization of misrepresenting the real estate values in order to fraudulently inflate his stated net worth and obtain preferential loans and other financial benefits.
James asked Engoron to fine him $370 million and ban the former president from working in New York real estate for life. The attorney general also wants Trump barred from serving as an officer or director of a New York company.
Kise first revealed Trump’s intention to make some of the defense’s final arguments in an email last Thursday to Engoron’s law clerk.
The email said Kise, Habba and a third lawyer would need about two hours to make their case.
“Additionally, President Trump intends to present closing argument as well,” Kise wrote.
A lawyer for James’ office responded less than four hours later, saying the attorney general opposed the idea of Trump speaking at the final debate.
The attorney general’s office said Trump did not have the right to do so because he was already represented by lawyers who could speak on his behalf.
The office acknowledged that Engoron could allow Trump to speak, but noted that the judge had already found that “Mr. Trump is prone to rambling, lacks self-control, avoids answering questions … and has repeatedly violated court orders.” sanctioned orders’.
“Allowing Mr. Trump to present [a] The closing argument will invite more speeches that will “unduly disrupt” the proceedings, the attorney general’s office warned.
Engoron last Friday told both sides that he was “willing to let everyone have their say.”
“Furthermore, the more reasoned analysis I receive, the better able I will be to properly decide the case,” the judge wrote. “Furthermore, Mr. Trump is by far the person with the most at stake in this enforcement action.”
Engoron then wrote that he would let Trump argue, but only if his lawyers notified the judge by Tuesday and in person Thursday that he “agrees to limit his subjects to what is admissible in an attorney’s closing argument.”
“It may not seek to present new evidence,” Engoron wrote. “He may not ‘testify.’ He is not allowed to comment on irrelevant topics. In particular, and without limitation, he may not make a campaign speech and may not impugn me, my staff, the plaintiff, the plaintiff’s staff, or the New York State court system, none of which is relevant to this case”.
Kise responded on Tuesday, saying Trump “cannot agree … to the proposed conditions and previous restrictions.” Kise said the conditions were “riddled with ambiguities,” opening the door to Trump’s misinterpretation.
Engoron retaliated the same day, telling Kize that the terms were “not subject to further discussion”.
“Take it or leave it,” the judge said, giving Kise a 4 p.m. Tuesday deadline.
Kise did not respond by that deadline, but after the judge told him Trump could not speak, he emailed the judge saying Trump was traveling and unavailable to speak with his attorney. Kise requested an extension until Wednesday morning.
Hours after the email, Kise wrote back, telling Engoron that Trump’s wife Melania’s mother had died, and asked for a January 29 adjournment of closing arguments “so that she can attend and participate in the Court’s proceedings.” .
The judge on Wednesday told Kise in an email that he was “sorry” to hear about Trump’s mother-in-law, but denied the delay request.
Kise responded: “Despite the fact that his mother-in-law, with whom he was very close, passed away late last night, President Trump will speak tomorrow.”
Engoron responded within six minutes, reminding Kize of Trump’s terms for speaking.
Kise responded, telling the judge, “This is very unfair, Your Honor.” “You don’t allow President Trump, who has been unfairly humiliated and belittled by an out-of-control, politically motivated Attorney General, to talk about things that need to be talked about,” Kise wrote.
Engoron by that point had had enough, giving Kise a final deadline to say whether Trump would comply with the terms.
Kise did not respond by Wednesday’s noon deadline.
— Additional reporting from CNBC Kevin Breuninger.
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