Donald Trump's lawyers have successfully derailed NY AG Tish James's state civil bank fraud case by counter-suing the presiding judge and getting a state appellate judge to block the trial for now.
An appellate judge has taken the remarkable step of hitting pause on the New York Attorney General’s upcoming bank fraud trial against Donald Trump—granting the former president’s request in a surprise hearing on Thursday that was closed off to the public.
Now, a full five-judge appellate panel is set to make a decision that could fundamentally alter the case on the eve of trial. And if they take longer than a few days, it will delay the trial altogether.
Appellate Justice David Friedman’s rapid decision—following a brief 3:45 p.m. virtual hearing—acquiesced Trump’s frantic last-minute attempt to derail a trial that threatens to destroy his corporate empire. The former president’s lawyers have turned the heat on the judge overseeing this case—by suing him directly.
Trump was represented by Florida attorney Christopher Kise, according to court employee conversations overheard by this reporter. According to paperwork obtained by The Daily Beast, three lawyers from the AG’s office were also present at the virtual hearing.
Shortly after the appellate judge’s decision, Attorney General Letitia James released a statement, saying, “We are confident in our case and will be ready for trial.”
In an emergency court filing Thursday morning, attorneys for the former president and his associates cited an “urgency” that required New York’s higher courts to step in. They want an appellate judge to commence an “Article 78 special proceeding” against Justice Arthur F. Engoron, one that would force him to decimate a case brought by the AG.
“Although he has yet to perform his lawful duty, Justice Engoron plans to proceed with the trial of the Attorney General’s claims on October 2, 2023—just nineteen days from the date of this petition,” attorneys Clifford S. Robert and Michael Madaio wrote.
It’s a rare move of aggression—particularly this close to trial, which was set to start on Oct. 2. But this has become Trump’s preferred strategy in recent months, a far-fetched gamble he’s currently trying against federal judges in Washington and West Palm Beach who remain utterly unswayed by his relentless attempts to violate their orders and delay cases.
Trump’s lawyers filed a case before New York’s First Department appellate court, which has repeatedly weighed in on this Trump case and many others originating from Manhattan.
Thursday’s court filing claims Engoron and James are both acting to defy appellate orders that could narrow the AG’s behemoth bank fraud lawsuit, putting the judge in the awkward position of having to use lawyers to defend himself alongside the AG. He is expected to be represented by the local court administration’s own lawyers.
Trump’s legal team says Engoron is overstepping his authority, and they want an appellate judge to put him in his place. It’s the latest escalation against the trial court judge, who has increasingly grown tired of their delay antics.
This summer, a state appellate court ordered Engoron to figure out which real estate deals by the Trump Organization are too old for the AG to examine for potential bank and insurance fraud. The judge has yet to draw a cutoff, even though he is expected to do so in the coming days.
But Team Trump can’t wait, and they’re itching to use this as a method to push back the trial. When they requested a three-week delay, Engoron immediately shot that down.
In Thursday’s court filing, the Trump lawyers complained about the way Engoron was “terse” in his curt, nine-word order in which he simply wrote, “Decline to sign; Defendants’ arguments are completely without merit.”
They argued that the judge’s “summary rejection… demonstrates he has no intent to do so and deems the notion that he is bound by this court’s mandate to be ‘completely without merit,’” framing Engoron’s decision as an act of defiance.
The defense lawyers represent the former president, his sons Don Jr. and Eric, Trump Organization executives Allen Weisselberg and Jeffrey McConney, and various corporate entities.
The judge who made the decision to halt the trial, Friedman, has reputation as a tough-on-crime judge who was appointed by Republican New York Gov. George Pataki in 1999.
Trump's lawyers found the Republican state judge they needed and got the delay they wanted. Every day Trump can delay justice, he can deny justice by getting closer to a second term. And Trump being able to get a judge in New York to agree with the notion of "I'm suing the judge trying my case because HE'S A MEANIE AND TRYING MY CASE" is something you or I would be laughed out of the courtroom for filing, along with sanctions against your defense lawyer.
Delay any court trial for as long as possible until you can get a higher court to kill the case is working, at least for now. Run out the clock until January 20, 2025. It's a lot of clock, and a lot of things have to go Trump's way, including an election win.
But for now, it's working. How long he can skate on monomolecular ice, we'll see.
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