Former US President Donald Trump recently submitted a motion for a mistrial in a New York civil fraud case involving him and the Trump Organization. The motion asserts that calling for a mistrial remains the only option to “salvage what is left of the rule of law.”
Under US law, a court has discretionary power to declare a mistrial if there’s compelling evidence of an unfair trial. This action could result in a new trial. In a 30-page detailed filing, Trump argued that the presiding justice, Arthur Engoron, and other court officials exhibited overt bias, thereby tainting the trial process.
Key allegations include several instances implicating Justice Engoron with violations of the New York Code of Judicial Conduct Section 100.3(B)(8). The particular section strictly prohibits judges from commenting on active court proceedings. Trump inferred to various activities in 2020 to 2022, involving the judge’s posts referring to ongoing lawsuits against the Trump family in a weekly newsletter for The Wheatley School.
The motion also accuses Allison Greenfield, Justice Engoron’s Principal Law Clerk, of overstepping her professional limits by assuming a “co-judge” position during the trial. This, according to Trump, breached New York’s Code of Judicial Conduct Section 100.2. Greenfield also came under fire for contributing close to $4,000 to Democratic Party candidates and organizations in the last two years, in violation of New York’s Code of Judicial Conduct Section 100.5(C)(2), which limits political contributions from a judge’s staff to $500.
Furthermore, Trump challenged the legitimacy of the evidentiary rulings, alleging a bias in favor of the Attorney General, Letitia James. The mistrial motion wrapped up by stating that if public confidence in an unbiased and independent judiciary and the rule of law is to be maintained, declaring a mistrial would be the only viable option.
Justice Engoron had previously given his ruling on one aspect of the case, establishing that Trump and his associates falsified the value of certain business assets from 2011 onwards. The trial is ongoing for the remaining six causes of action, which encompass fraudulent business record falsifications, insurance fraud, and conspiracy. It was recently when Trump took to the witness stand, straying from answering questions to launch attacks against the court.
— Reference: JURIST – News