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Trump Seeks Removal of Judge in New York Fraud Case

 June 21, 2024

Attorneys for Donald Trump have initiated a legal action to have a judge booted from involvement in his New York civil fraud case.

Former President Trump's legal team has requested the recusal of Judge Arthur Engoron in the fraud matter, citing prohibited discussions with a lawyer as grounds for claims of bias, as Fox News reports.

The motion filed in the New York State Supreme Court alleges that Judge Engoron engaged in inappropriate communications with Adam Leitman Bailey, a New York City real estate attorney. These discussions reportedly touched on the case's merits and the New York State Attorney General's authority.

Trump's Legal Representatives Raise Concerns

Alina Habba, Trump's legal spokesperson, highlighted the alleged breach in a statement. She indicated that these discussions violated the New York Code of Judicial Conduct, thereby questioning the judge's ability to remain impartial.

According to the legal motion, Bailey did not explicitly name Trump during their conversation. However, when pressed if the discussion pertained to Trump's case, Bailey responded metaphorically, implying it was clear they were not discussing something unrelated like the Mets.

Background of Judicial Decisions

Earlier in February, Judge Engoron found Trump liable in the civil fraud case, ordering him to pay over $350 million in damages plus interest. The charges alleged the falsification of business records and insurance fraud.

Throughout the trial, Judge Engoron noted Trump's tendency to evade direct answers and engage in irrelevant discourses, behaviors that appeared to underpin his critical final judgment.

Investigation into Alleged Judicial Misconduct

Following the emergence of the allegations regarding Engoron's discussion with the aforementioned lawyer, reports indicate that the New York State Commission on Judicial Conduct had opened an investigation into the purported improper communication between Judge Engoron and Bailey.

Despite these allegations, a court spokesperson defended the integrity of the judicial process. The official stated that the decision rendered by Judge Engoron was solely his own, formed without any undue influence.

The attorney in question, Adam Leitman Bailey previously faced Trump in court in a separate real estate matter, which adds a layer of complexity to the current allegations of inappropriate communication.

Details from the Legal Motion

The filing emphasizes that such ex parte communications are scrutinized heavily in legal proceedings to ensure transparency and fairness. It was noted that neither the defendants nor the attorney general were present or informed about these discussions.

The filing further accuses Judge Engoron of not only allowing but also engaging actively in these discussions, thereby questioning the fairness of his judicial conduct.

Reactions and Statements from Involved Parties

Habba's full statement condemns the judge's actions, asserting that "Justice Engoron's communications...demonstrate that Judge Engoron cannot serve as a fair arbiter."

The court's spokesperson countered these claims, stating, "[N]o ex parte conversation concerning this matter occurred...The decision...was wholly uninfluenced by this individual."

The complexity of the case is underscored by Bailey’s admission that he was asked "a lot of questions" by the judge about the case's merits during their conversation.

Conclusion: A Summary of Key Points

In summary, Trump's lawyers argue for Judge Engoron’s recusal, claiming prohibited conversations that compromise his impartiality.

Engoron previously ruled against Trump, resulting in a substantial financial penalty a finding of liability on accusations of fraud.

With an ongoing investigation by the Judicial Conduct Commission and conflicting statements from involved parties, the legal battle continues to unfold with significant implications for judicial integrity and fairness.