Trump’s Team Seeks Judge’s Recusal in $454M Fraud Case

Former President Donald Trump’s legal team is urging the judge who presided over Trump’s civil fraud trial to step down, alleging he engaged in improper discussions about the case with an attorney before ordering Trump to pay over $450 million. This move is the latest in Trump’s ongoing criticisms of judges, despite previous denials of wrongdoing by the New York court system.

In a legal filing on Thursday, Trump’s attorneys cited an interview given by real estate lawyer Adam Leitman Bailey to NBC New York. Bailey mentioned that he attempted to advise Judge Arthur Engoron on the application of the law in the Trump fraud case. Trump’s lawyers claim this conversation breached the judicial code of conduct, which prohibits judges from discussing case merits without all parties present—in this instance, Trump’s legal team and the New York Attorney General’s office, which filed the fraud lawsuit against Trump.

Bailey stated in the NBC interview that the conversation occurred before Engoron issued his February ruling, which ordered Trump to pay around $454 million in damages plus interest for using false financial statements to inflate the value of his company’s assets. Bailey defended his actions, asserting he believed discussing his personal views on the judge’s previous ruling against Trump was not inappropriate. He explained that he was referencing case law and expressing his disagreement as a real estate expert.

Trump’s legal team has requested an evidentiary hearing regarding Judge Engoron’s interactions with Bailey if the judge does not recuse himself. Following the NBC video, which featured Bailey’s interview, the New York State Commission on Judicial Conduct investigated Bailey’s comments. The commission is now assessing whether Engoron violated judicial conduct codes.

Bailey expressed regret over Engoron’s situation in an email, stating he is “devastated” that the judge has to contend with the recusal motion. He also mentioned that his statement to NBC was intended to be off the record.

Contrarily, Al Baker, a spokesman for the New York state courts, told NBC New York that “no ex parte conversation concerning this matter occurred between Justice Engoron and Mr. Bailey or any other person.” Baker emphasized that Engoron’s decision was made independently and was not influenced by Bailey.

Trump’s net worth is estimated at $4.9 billion, having decreased by over half a billion dollars on Thursday. His net worth has fallen by more than $2 billion this month due to a decline in shares of his media company, Trump Media & Technology Group.

Trump has appealed the fraud ruling, arguing that Engoron was biased. The ruling followed a lengthy investigation by the New York Attorney General’s office, which concluded that Trump knowingly engaged in fraud by misrepresenting his assets’ values in financial filings. Trump has been ordered to pay $454.2 million plus interest, adding to his mounting legal expenses, which include other judgments such as those related to defamation of E. Jean Carroll. Trump’s accusations of bias against Engoron led to fines totaling $15,000 for violating a gag order.

Engoron is not the only judge facing scrutiny from Trump. Judge Juan Merchan, who oversaw Trump’s criminal hush money trial, also faced Trump’s attacks. Trump violated a gag order nearly a dozen times by attacking Merchan’s daughter on social media, the jury, and witnesses. Trump has similarly criticized other judges, including Judge Lewis Kaplan, Judge Tanya Chutkan, and Judge Gonzalo Curiel.