Lawyers for former President Donald Trump have filed new motions in a New York civil fraud lawsuit alleging that the judge engaged in “prohibited communications” and should recuse himself.
In a motion filed with the New York Supreme Court, Trump’s lawyers accused Judge Arthur Engoron of acting in a manner “fundamentally incompatible with the responsibilities that come with wearing the black robe of the bench.”
The suit cites conversations Engoron allegedly had with New York City real estate lawyer Adam Lightman Bailey “regarding the merits of this litigation, the permissible scope of the New York State Attorney General’s and this Court’s administrative law authority, and the impact of this Court’s ruling on businesses in the state.”
“The New York State Code of Judicial Conduct exists to ensure that litigants receive a fair and impartial trial. Judge Engoron’s communications with Attorney Adam Reitman Bailey about the facts of this case are in direct violation of that code and demonstrate his inability to function as an impartial arbitrator. It is clear that Judge Engoron should resign immediately,” Trump spokeswoman Alina Habba said in a statement.
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Judge Arthur Engoron presided over the Trump Organization’s civil fraud trial in New York State Supreme Court in New York City on November 13, 2023. (ERIN SCHAFF/POOL/AFP via Getty Images)
According to the lawsuit, in an interview with ABC, Bailey said he had tried to advise Engoron in the weeks before the judge’s ruling.
“Bailey claims that President Trump was not named in the conversation. [his] “It’s connected to this case,” Bailey said.[,] Obviously we were not talking about the Mets,” the lawsuit states.
In February, Judge Engoron found Trump liable for more than $350 million in damages in a civil fraud lawsuit filed against him by New York Attorney General Letitia James.
James’ lawsuit also targets Trump’s family and the Trump Organization. Engoron ruled Trump and the defendants face charges of “persistent and repeated fraud,” “falsifying business records,” “issuing false financial statements,” “conspiracy to commit false financial statements,” “insurance fraud,” and “conspiracy to commit insurance fraud.”
The judge criticized Trump’s actions During the trial, he “seldom answered the questions asked of him and frequently interjected with lengthy, irrelevant speeches on matters well beyond the scope of the trial,” the court said.
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A court spokesman said, quoted by ABC in the complaint:
“[N]o No ex parte discussions on this matter took place between Judge Engoron and Mr Bailey or any other person. The decision handed down by Judge Engoron on 16th February was his own, was deeply considered and was in no way influenced by this person.”
The filing notes that since these allegations came to light, “the New York State Commission on Judicial Conduct has reportedly opened an investigation into the court’s conduct” and that “at least a dozen media outlets have reported on both the allegations and the ongoing investigation.”
“The law is clear that any communication without the presence of the parties or their counsel must be subject to strict scrutiny,” Trump’s lawyers argued in the filing. “Courts are obligated to avoid attempts at ex parte communication, and if ex parte communication does in fact occur, courts should at least provide prompt notice of that communication to all parties.”
It provides that “the appropriate remedy for ex parte notice is notice to the parties and challenge.”
“In this case, it is undisputed that neither the Defendants nor the Attorney General were present at the location where the communications with Mr. Bailey allegedly took place, and the Court did not notify either party of the location where the communications allegedly took place, which would have at least afforded them an opportunity to comment on the substance of the conversations conveyed to the Court,” the complaint states.
“What’s worse, Mr. Bailey’s account indicates that this court not only permitted but welcomed such prohibited communications. According to Mr. Bailey, this court was an active participant in conversations about the truth of the case, in which the court asked Mr. Bailey ‘lots of questions.'”
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Bailey did not immediately respond to Fox News Digital’s request for comment.
Notably, Bailey successfully sued Trump, then a real estate mogul, over an apartment dispute a few years ago.
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“For these reasons, Defendants respectfully request that this Court either dismiss the action or grant an evidentiary hearing and any other further relief it deems appropriate,” the filing concludes.
Fox News Digital’s Bradford Betts and Brooke Singman contributed to this report.
