Trump seeks recusal of judge who fined him $464 million in civil fraud case

Former President Donald Trump on Thursday filed a motion to dismiss the case against him by the judge overseeing his civil fraud trial in New York.

The motion alleges that Judge Arthur Engoron violated rules governing judicial conduct.

Engoron in February ordered Trump to pay $464 million in restitution and prejudgment interest after finding the former president and his adult sons responsible for “numerous frauds and misrepresentations” to inflate his net worth to obtain more favorable loan terms. Trump has denied wrongdoing and has appealed the decision.

MORE: Trump, co-defendants appeal $464 million civil fraud verdict

Trump’s lawyers said in a Thursday filing that the judge “may have engaged in conduct that is fundamentally inconsistent with the duties of wearing the black robe and serving on the bench.”

The defense argued that Engoron spoke with a New York real estate attorney about the substance of Trump’s case, in violation of the New York Code of Judicial Conduct. The filing cites a conversation between Engoron and attorney Adam Leitman Bailey, who said he spoke with Engoron three weeks before the judge issued his decision in the case.

“I saw him in the corner (of the courthouse) and I told my client, ‘I have to go.’ I went over and we started talking,” Bailey told NBC New York, which first reported the story. “I wanted him to know what I was thinking and why. … I really want him to do this right.”

Bailey could not immediately be reached for comment. Al Baker, a court spokesman, said: “We have no further comment on this matter.”

In a statement to ABC News, Bailey rejected allegations that his conversation with Engoron about the case was improper or warranted the judge’s recusal.

According to Bailey, their conversation focused solely on Engoron’s September 2023 summary judgment, in which the judge found Trump had committed fraud.

“I did not feel it was in any way inappropriate to speak to Judge Engoron about my personal views on his already published decision,” Bailey said.

Bailey said he was “distraught” and “hurt” that his comments could impact Engoron.

According to today’s indictment, defense attorneys are preparing to subpoena Bailey for information related to his conversation with Engoron. He told ABC News that he has not yet spoken to defense attorneys about his communications with Engoron.

Trump’s defense argued in its motion filed Thursday that Engoron should either recuse himself from the case or be allowed to be questioned on the allegations.

“In summary, it appears that this Court acted not only in violation of applicable law and the Constitution, but likely also in violation of applicable standards of judicial conduct,” the letter reads.

Trump is already appealing the outcome of his civil fraud case to an appeals court, with the appeal due next month. If the appeal is rejected, Engoron will oversee payment of the financial penalty. He also oversees the monitor he has placed on the Trump Organization to ensure the accuracy of the company’s financial statements, which the lawsuit found overstated Trump’s net worth by as much as $2 billion.

In her statement, defense attorney Alina Habba said the allegations prove that Engoron is unable to honestly oversee the case.

“Judge Engoron’s communications with attorney Adam Leitman Bailey regarding the merits of this case, however, directly violate this code and demonstrate that Judge Engoron cannot serve as a fair arbitrator. It is clear that Judge Engoron should immediately recuse himself from the case,” Habba said.

In a separate statement, defense attorney Chris Kise said recusal of Engoron was the only way to save the court’s reputation.

“The stunning $464 million judgment against President Trump in a case with no victim, no fraud, no loss, and no harm to any public or private interest has already undermined public confidence in the integrity of the New York legal system. Now, serious allegations of prohibited communications between a judge and a third party are the subject of an active investigation by the Judicial Conduct Commission. In doing so, the Court has acted not only contrary to applicable law and the Constitution, but also, perhaps, contrary to applicable standards of judicial conduct,” Kise said.

Trump seeks recusal of judge who fined him $464 million in civil fraud case originally published on abcnews.go.com