MANHATTAN (CN) — Judge Arthur Engoron won’t be allowing former President Donald Trump to speak during the closing arguments of his civil fraud trial in Manhattan after Trump refused to abide by the judge's stipulations for doing so.
Trump's lawyers first floated the idea last week, according to an email chain between counsel and Engoron uploaded to the case docket Wednesday.
“President Trump plans to present argument at closing as well,” Trump’s lawyer Chris Kise wrote in an email to Engoron and state attorneys.
It’s an unusual request, considering Trump isn’t representing himself in the New York attorney general’s civil suit against him. State lawyer Andrew Amer said as much in a follow-up email to Kise and the judge.
“Mr. Trump is certainly not permitted to do so,” Amer said.
Engoron was initially receptive to the idea, writing to the lawyers that he is “inclined to let everyone have his or her say” in the non-jury trial, on one condition.
“I will consent to let Mr. Trump make a closing argument if, and only if… he agrees to limit his subjects to what is permissible in a counsel’s closing argument, that is, commentary on the relevant, material facts that are in evidence, and application of the relevant law to those facts,” Engoron wrote.
The judge said he would preclude Trump from introducing new evidence, from testifying and commenting on “irrelevant matters.”
“In particular, and without limitation, he may not deliver a campaign speech, and he may not impugn myself, my staff, plaintiff, plaintiff’s staff or the New York State Court System,” Engoron continued.
Should Trump violate any of those rules, Engoron vowed to “cut him off in mid-sentence and admonish him.”
Kise responded Tuesday, asking that Engoron “permit President Trump to speak at closing without the proposed limitations.”
“Agreement to such ambiguous limitations will no doubt simply create further disagreements,” Kise wrote.
Engoron wouldn’t budge. He told Kise that his rules “are not subject to further debate,” and gave him until Tuesday afternoon to make a decision.
But the team missed the deadline, as Trump’s mother-in-law passed away later that evening. Kise’s next email asked Engoron to delay the closing argument date to Jan. 29 as a result of the “deeply personal family member.”
Engoron denied the postponement in a Wednesday email, but extended his sympathies to Trump.
“On balance, going forward makes the most sense,” Engoron said. “Please tell Mr. Trump that I am sorry.”
Kise replied that Trump would still attend Thursday’s hearing, despite the family tragedy. But he berated the judge for not allowing Trump to speak freely without the court’s limitations.
“This is very unfair, your honor,” Kise said in a Wednesday email. “You are not allowing President Trump, who has been wrongfully demeaned and belittled by an out of control, politically motivated attorney general, to speak about the things that must be spoken about.”
Engoron put his foot down. He told Kise that he has seven minutes to agree to his terms, or he wouldn’t allow Trump to speak at Thursday’s closings.
“I won’t debate this yet again,” Engoron wrote. “Take it or leave it. Now or never.”
Kise didn’t respond in time.
“Not having heard from you by the third extended deadline, I assume that Mr. Trump will not agree to the reasonable, lawful limits I have imposed as a precondition to giving a closing statement above and beyond those given by his attorneys, and that, therefore, he will not be speaking in court tomorrow,” Engoron wrote in one final email.
Kise didn’t immediately respond to a request for comment about the exchange.
The judge already has Trump on a short leash. Earlier in the trial, Engoron placed a narrow gag order on the former president that barred him from making statements about members of his staff after Trump attacked his chief law clerk on social media. Trump has since violated that gag order on two occasions.
New York Attorney General Letitia James brought the case against Trump and his namesake company in 2022, accusing him of fraudulently inflating his net worth to receive business advantages. Engoron has already found Trump liable on one of the fraud counts in James’ suit.
Closing arguments will take place Thursday after a 10-week trial that wrapped up in mid-December.
Follow @Uebey
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
-
Arizona House votes to regulate deepfakes May 15, 2024