Trump’s legal team cites judge’s unethical behavior, insists he step away from case

By Bob Unruh

Judge Arthur Engoron (video screenshot)
Arthur Engoron

WND reported weeks ago that Arthur Engoron, the New York judge who claimed there was “fraud” by President Trump and his companies in a case where no one lost money and the “victims” wanted to do more business with him, was under investigation.

It was because of an ex parte discussion about the Trump case, while it was going on, involving a lawyer, Adam Leitman Bailey.

Bailey boasted of telling Engoron his opinions about the case.

“I wanted him to know what I think and why…I really want him to get it right.”

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He claimed he was trying to express to Engoron how harsh penalties would be bad for New York businesses.

He said the two didn’t mention “Donald Trump” but confirmed, “Obviously we weren’t talking about the Mets.”

Engoron shortly later demanded a penalty of nearly half a billion dollars against Trump, a ruling now on appeal.

But it’s advanced beyond that now.

Fox News reports lawyers for Trump have filed court paperwork saying that since the judge was involved in “prohibited communications,” he needs to leave the case entirely.

“In a motion filed with the New York State Supreme Court, Trump’s lawyers accuse Judge Arthur Engoron of engaging in actions ‘fundamentally incompatible with the responsibilities attendant to donning the black robe and sitting in judgment.'”

Ex parte communications are those that a judge would have with one party or one side about a case without the others being represented or present. Standard judicial ethics standards ban them in all cases.

The filing cites the conversation between Engoron and Bailey that focused on “the merits of this case, the permissible scope of the New York State Attorney General’s and this Court’s own authority under Executive Law…and the consequences of this Court’s decision on business in the State.”

A spokeswoman for Trump, Alina Habba, explained, “The New York Code of Judicial Conduct exists to ensure that litigants are afforded a fair and impartial trial. Justice Engoron’s communications with Attorney Adam Leitman Bailey regarding the merits of this case, however, directly violate that code and demonstrate that Judge Engoron cannot serve as a fair arbiter.”

Bailey confirmed his conversation with Engoron in an interview with ABC.

It was Engoron, entirely on his own, who claimed Trump was liable for more than $350 million in damages, plus added charges.

New York Attorney General Letitia James, who campaigned for office on the promise to attack Trump, brought the civil charges despite the fact no one lost money on any of the deals involved, the banks involved were happy with the results and in fact wanted to do more business with Trump and his companies, and Trump’s actions were described by experts as ordinary for business.

Engoron has claimed Trump, his family and company, engaged in “persistent and repeated fraud,” “falsifying business records,” “issuing false financial statements”‘ and more.

Engoron repeatedly criticized Trump from the bench in the courtroom.

A statement from Engoron’s court claimed there was no such conversation and Engoron’s ruling was all his own.

After the details of the conversation appeared, the New York State Commission on Judicial Conduct started an investigation.

The filing charged, “Here, it is beyond dispute that neither Defendants nor the Attorney General were present during the purported communication with Mr. Bailey. Nor did this Court ever notify either party that the purported communication took place, which would have at least permitted an opportunity for comment on the substance of the conversation, as conveyed by this Court.”

The case heard by Engoron is one of a series of Democrat cases brought against Trump that are often described as Democrat “lawfare,” accusations intended to hinder Trump’s campaign for president this year.

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