Judge Arthur Engoron desired to personally hear from Donald Trump, as Trump had seemingly discussed Engoron's law clerk in contempt of the judge's instructions. Engoron momentarily interrupted the testimony of the New York civil fraud trial on Wednesday to address the issue, stating that an immediate hearing would take place, with Donald J. Trump as the first witness to be called.
Engoron inquired if Trump would be willing to testify on the witness stand. Trump did not hesitate, promptly sliding his chair back at the defense table and stepping into the witness box. Dressed in a navy suit, pinstripe shirt, and a blue tie, Trump confidently raised his right hand and took the oath to speak honestly, completely, and truthfully.
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Fulton County District Attorney Fani Willis speaks at a news conference at the Fulton County Government building on August 14, 2023 in Atlanta, Georgia.
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Trump's unexpected appearance as a witness during the judge's questioning was a remarkable occurrence, especially considering the numerous groundbreaking events experienced by a former president who has faced indictment four times. Furthermore, this incident added to the already challenging situation for Trump, as he now confronts the possibility of criminal trials while simultaneously pursuing his 2024 presidential campaign. It serves as a striking reminder that Trump must carefully navigate the clash between his campaign rhetoric and the legal limitations within the courtroom, particularly in light of his alleged violation of a gag order by attacking his perceived opponents, which could have potentially resulted in his imprisonment.
Trump took the stand and Engoron, wearing his lawyer hat, calmly interrogated the former president by reciting Trump's earlier statement to reporters outside of the courtroom. Trump had claimed that the judge was partisan and had a potentially even more biased counterpart sitting alongside him.
Trump's lawyers contended, before lunch, that his statement did not refer to the judge's clerk, but rather to Michael Cohen, Trump's former lawyer and fixer, who was seated next to the judge as a witness. This assertion, considering Trump's previous criticisms, stretched believability. However, Engoron desired to obtain the information directly from Trump.
"To whom were you referring," Engoron asked Trump about his comments in the hallway.
"You and Cohen," Trump said.
"Did you not intend to refer to the individual opposite?" Engoron questioned, gesturing towards his clerk, who remained seated beside him, maintaining a composed expression.
"Yes, I am certain," Trump affirmed.
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During the initial trial week, Engoron implemented a gag order, preventing any discussion regarding his staff, in reaction to a social media post by Trump. The post criticized Engoron's clerk and included a photograph of her with Senate Majority Leader Chuck Schumer, a Democrat from New York.
Last week, Trump was already fined $5,000 for failing to remove the post from his website, which his legal team claimed was unintentional. They were cautioned that further violations would result in more severe penalties, including the possibility of imprisonment.
Engoron cautioned Trump and his legal team on Wednesday about his concern for the safety of his staff in an "intense atmosphere." Despite the unintentional nature of the website post, the judge regarded Trump's remarks that morning as "clearly deliberate."
The judge emphasized, "My intention is to prevent harm to anyone."
Engoron had more questions in store for the former president. He inquired if the former president had previously referred to his clerk as a partisan Democrat.
"I believe she harbors a strong bias against us. We have certainly expressed our concerns," responded Trump, pointing out that they had displayed a picture which the judge had objected to, but it had been subsequently removed.
Engoron then addressed Trump, inquiring if he consistently called Cohen by his full name "Michael Cohen."
Trump denied, and his legal team interjected to highlight that Trump used much more disparaging language when referring to his former attorney and confidant.
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Upon asking for any other lawyers who were willing to question Trump, Engoron received no response. Consequently, he excused the witness.
Upon Trump taking his seat, Engoron declared, "In my capacity as the arbiter of truth, I discern that the witness lacks credibility," citing Trump's previous remarks regarding his clerk as well as the physical barrier separating the judge and Cohen within the witness stand.
As a consequence of his remarks, Engoron imposed a fine of $10,000 upon Trump.
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Trumps attorneys raised an objection to the ruling, asserting that it was impossible to ascertain to whom Trump was referring. They also seized the moment to express their dissatisfaction with the excessive involvement of the clerk, sitting next to Engoron. Previously, attorney Alina Habba had accused the clerk of making dismissive facial expressions in response to the Trump teams' inquiries. "I find it unacceptable to have my concerns belittled," Habba stated. "I find it inappropriate to be shouted at by law clerks who have not earned the position."
Engoron indicated that he would reevaluate his motion, acknowledging that the raised complaints were essentially affirming "the precise argument" that Trump was genuinely interested in the clerk during his remarks.
"I have reevaluated, and the ruling remains unchanged," Engoron affirmed. "Please refrain from repeating such actions, as the consequences will be more severe."
Trump maintained a stoic expression during Engoron's remarks, his gaze fixed straight ahead as the court proceedings resumed and Cohen took the stand again. Throughout most of the testimony, Trump observed with crossed arms, closely observing Cohen's responses to the questioning from his lawyer, Cliff Robert.
However, as Cohen's testimony neared its conclusion, the former president's reaction changed. In response to Cohen's statement that Trump did not explicitly instruct him to inflate his financial documents, contradicting his earlier claims, Trump reacted by raising his arms alongside Habba, who was seated next to him. (Cohen later clarified that while Trump didn't directly request this, his words implied it in a manner reminiscent of a "mob boss.")
Robert pivoted towards Engoron, requesting a directed verdict to dismiss the trial on the grounds that Cohen served as a crucial witness for the New York attorney general.
Engoron swiftly denied the motion.
Trump stormed out of the courtroom while Cohen was still on the stand, clearly fed up. He seemed visibly upset when addressing the cameraman in the hallway, refusing to take any questions. "We emerged victorious from this trial," Trump remarked before exiting the hallway.
However, it appears that Trump wasn't finished yet. After the court session adjourned for the day, he reentered the courtroom accompanied by his legal team. They remained there, along with the judge and the attorney general's team, for approximately 45 minutes.
Trump refrained from revealing the details of the private conversation, however, he persisted in his criticism of the judge and reiterated his objection to the lack of a jury in the trial upon exiting the room.
"It should mark the closure of this case," Trump expressed. "If a jury had been present, this case would hardly have even begun."
CNNs Sabrina Souza contributed to this report.