Former President Donald Trump’s lawyers request a mistrial in the financial fraud civil trial in New York, alleging bias from the trial judge and his clerk. In Georgia, Fulton County District Attorney Fani Willis says she sees Trump’s trial on election interference lasting through early 2025.
New York financial fraud
Trump files motion for mistrial
Key players: Judge Arthur Engoron, clerk Allison Greenfield, New York Attorney General Letitia James
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In a 30-page filing Wednesday to the Manhattan Supreme Court, Trump’s lawyers requested a mistrial in the $250 million civil lawsuit brought by James, saying Engoron is biased against him and Greenfield influences his decisions too much, the Guardian reported.
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“In this case the evidence of apparent and actual bias is tangible and overwhelming. Only the grant of a mistrial can salvage what is left of the rule of law,” Trump’s lawyers wrote in their filing.
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On Greenfield, they added: “Before the court rules on most issues, the court either pauses to consult with her on the bench or receives from her contemporaneous written notes.”
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In September, Engoron sided with James, ruling that Trump, his adult sons and their family business were liable for years of financial fraud due to inflating the value of their assets. Engoron has since fined Trump a total of $15,000 for attacking Greenfield in violation of a gag order put in place to shield his staff.
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A spokesperson for James’ office said the request for a mistrial was another attempt to distract from the facts in the case.
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“Once again, Donald Trump is trying to dismiss the truth and the facts, but the numbers and evidence don’t lie,” the spokesperson said in a written statement.
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If a mistrial is declared, that would delay the trial from moving forward, and could result in it being retried before a new judge.
Why it matters: Trump has so far lost his bids to have Engoron recuse himself, to have him removed from the case and to have the case delayed and thrown out. The request for a mistrial is one such further attempt. If it fails, Trump could still appeal Engoron’s final verdict in the case.
Georgia election interference
Willis: Trump’s Georgia trial could last through ‘early part of 2025’
Key Players: Fulton County District Attorney Fani Willis, Judge Scott McAfee
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In a Tuesday interview with the Washington Post’s Live Global Women’s Summit, Willis said that she believed Trump and his 14 co-defendants would stand trial on charges that he sought to subvert the election results in Georgia, and that the proceedings could extend past the 2024 election, USA Today reported.
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“I believe in that case there will be a trial … I believe the trial will take many months … And I don’t expect that we will conclude until the winter or the very early part of 2025,” Willis said.
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While Trump has sought to delay the start of all four criminal trials against him until after the 2024 election, the scheduling of the Georgia case will be up to McAfee.
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The timing of the trial suggested by Willis would have Trump sitting in the courtroom during the home stretch of the 2024 presidential election, but a verdict may not come until months afterward.
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Willis said she had not considered the political calendar when pushing forward with her indictments.
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“I don’t, when making decisions about cases to bring, consider any election cycle or an election season,” Willis said.
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Four co-defendants have already pleaded guilty in the case.
Why it matters: Trump has already cited the busy campaign season as reason to delay his criminal trials. Polls have shown that a guilty verdict in any of them could impact his chances of victory in 2024.
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Tuesday, Nov. 14
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After video of bail bondsman Scott Hall and lawyers Jenna Ellis, Kenneth Chesebro and Sidney Powell discussing the Georgia election subversion plot is published, Fulton County District Attorney Fani Willis asks the court to issue a protective order to prevent further footage from being aired before trial. In New York, meanwhile, Judge Arthur Engoron makes no mention of Trump sharing a social media post calling for a “citizen’s arrest” of Engoron and New York Attorney General Letitia James.
Georgia election interference
Prosecutors seek protective order after proffer footage surfaces
Key players: Former Trump-aligned lawyers Jenna Ellis, Kenneth Chesebro and Sidney Powell, Georgia bail bondsman Scott Hall, former White House deputy chief of staff Dan Scavino, Fulton County District Attorney Fani Willis, Judge Scott McAfee
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Willis’s team filed an emergency request for a protective order Tuesday with the judge in the Georgia election subversion case in which Trump and 14 others still face felony charges, the Hill reported. The order would limit the defendants’ access to videotaped statements made by those who plead guilty in the case.
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“The release of these confidential video recordings is clearly intended to intimidate witnesses in this case, subjecting them to harassment and threats prior to trial,” prosecutors wrote in their motion to McAfee.
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On Monday, ABC News and the Washington Post published clips of Ellis, Chesebro, Powell and Hall, all of whom have pleaded guilty in order to avoid jail time, discussing the specifics of the case, including offering details that could prove incriminating against Trump.
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“He said, ‘The boss is not going to leave under any circumstances. We are just going to stay in power,’” Ellis is seen telling prosecutors in one of the segments about an exchange she had with Scavino. “And I said to him, ‘Well, it doesn’t quite work that way, you realize.’ And he said, ‘We don’t care.’”
Why it matters: Willis has secured plea deals with four defendants in the case so far. Their testimony will be a key part of establishing guilt for Trump and the others charged. While the videos published Monday illustrate how damaging it could be for Trump, Willis wants to keep more of it from becoming public prior to the case going to trial.
New York financial fraud
Trump shares post calling for ‘citizen’s arrest’ of Engoron and James
Key players: Judge Arthur Engoron, New York Attorney General Letitia James
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As the second day of the defense’s presentation in the trial got underway in Manhattan, Engoron made no mention of a night post on Truth Social that Trump had shared Monday with his 6.4 million followers, ABC News reported.
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In a post titled, “MY FANTASY,” a user on the social network who goes by the name VonRitter wrote, “I WOULD LIKE TO SEE LITITIA JAMES AND JUDGE ENGORON PLACED UNDER CITIZENS ARREST FOR BLATANT ELECTION INTERFERENCE AND HARASSMENT,” The Daily Beast reported.
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James brought the $250 million civil lawsuit against Trump, alleging that he, his adult sons and their family business inflated the value of their assets in order to obtain favorable bank and insurance terms and defrauded the state of revenue.
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Engoron has already ruled that the defendants are liable for years of fraud. The trial will, in part, determine the damages to be awarded.
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While Engoron has imposed a gag order on Trump and his lawyers that prevents them from attacking the judge’s staff, he has not included attacks on himself or James in that order.
Why it matters: Trump has repeatedly attacked the judges and prosecutors in the numerous criminal and civil cases against him. Spreading the citizens’ arrest “fantasy” follows that pattern, but as George Washington University law professor Jonathan Turley made clear, acting on that idea would likely be illegal. “Just in case anyone is taking such a statement as more than a fantasy, there is no basis for a citizen’s arrest and such an effort to physically hold either the judge or the attorney general would most certainly constitute a criminal act,” he wrote on X, Salon reported.
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Monday, Nov. 13
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Former President Donald Trump’s eldest sons seek to portray their father and his company in glowing terms as the financial fraud trial resumes in New York City. In Florida, federal Judge Aileen Cannon rejects a motion by Trump’s lawyers to postpone the start of the classified documents trial until after the 2024 election but says she will revisit that decision in March.
New York financial fraud
Donald Trump Jr. returns to witness stand, while Eric Trump plays to the court of public opinion
Key players: Trump Organization executive vice presidents Donald Trump Jr. and Eric Trump, Judge Arthur Engoron, New York Attorney General Letitia James
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Trump Jr. returned to court Monday as a witness for the defense in the $250 million civil lawsuit bought by James, testifying about the history of the Trump Org. and calling his father “an artist,” CBS News reported.
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He’s an artist with real estate,” Trump Jr. said of his father, adding, “That is his canvas that he creates. He is a creative guy, and he’s also good at building.
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Engoron has already sided with arguments made by James, finding Trump, his eldest sons and their family business liable for years of financial fraud in New York. The trial will, in part, decide penalties for the defendants.
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Eric Trump also used art as a metaphor to describe his family business, Huffpost reported.
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“Our assets are worth a fortune. They’re the Mona Lisas of the real estate world,” he said during an interview with Fox News Sunday over the weekend.
Why it matters: Trump’s sons, who are defendants in the case, continue to try to shine the best possible light on their business practices. Engoron’s ruling in the case could cost them millions of dollars and prevent them from conducting business in New York, however.
Classified documents
Judge refuses to delay start of trial but will revisit question in March
Key players: Judge Aileen Cannon, special counsel Jack Smith, Trump lawyers John Lauro and Todd Blanche
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Cannon on Friday denied a motion by Trump’s attorneys to delay the start of the classified documents trial until after the 2024 presidential election but said she would revisit the request in March, the Palm Beach Post reported.
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Trump has been charged with violating the Espionage Act, among other crimes, by illegally retaining classified documents after leaving office and thwarting the government’s attempts to recover them.
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The trial is scheduled to begin on May 20.
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Trump’s lawyers had argued they needed more time to review 1.3 million documents and hundreds of hours of surveillance video footage shot at Mar-a-Lago that was given to them by Smith’s team.
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Smith argues that Trump has not established “good cause” for his many requests to delay the start of the trial.
Why it matters: While Cannon’s ruling represents a victory for Smith, the judge has also signaled her sympathy toward the arguments put forward by Trump’s attorneys and could change her mind in March.
