Key Lessons from the Concluding Statements in the $370 Million Civil Fraud Trial Involving Donald Trump
Donald Trump passionately defends himself in the $370 million civil fraud trial, accusing the attorney general of a politically motivated attack His legal team argues the case extends beyond Trump's actions What lies ahead in this high-stakes trial?
During the closing arguments of his $370 million New York civil fraud trial, Donald Trump chose to bring his campaign rhetoric to the courthouse, delivering speeches inside and outside the courtroom to denounce the case against him and the attorney general who initiated it.
Trump's decision to launch into a monologue after his lawyers' closing arguments emphasized the serious threat the civil fraud trial poses to his business and brand, as New York Attorney General Letitia James seeks to prevent Trump from conducting business in the state. It also demonstrated Trump's eagerness to leverage the situation to his advantage as he pursues the presidency.
Judge Arthur Engoron has already determined that Trump is responsible for fraud in the civil case, and he intends to release a comprehensive decision by the end of the month.
Trump finds a way to be heard in court
The ex-president adeptly presented the identical speech at various venues on Thursday: The media outside the courthouse, to Engoron within the court, and at his 40 Wall Street establishment later in the day for journalists.
He gave his most important speech in a place where there were no cameras: inside the courtroom. Speaking to Engoron in an unexpected moment in court, Trump stated, "This was a political witch hunt... What's happened here, sir, is a fraud on me."
Before the lunch break at approximately 12:55 p.m., Chris Kise, Trump's lawyer, once again asked Judge Engoron to allow Trump "two-to-three minutes" to present his case directly to the judge.
Engoron then spoke to Trump and asked if he would agree to only discuss the facts of the case.
"I believe this case goes beyond mere factual evidence," Trump replied, seizing the opportunity to deliver a five-minute speech from the defense table. "I find myself in a position where I am unjustly accused. I have been targeted by a political opponent and I believe that we need to consider broader perspectives."
Engoron leaned back and allowed Trump to continue for several minutes before interjecting to inform him that his allotted time was nearing its end.
"One minute, thats all Im saying," the judge said.
"You have your own agenda, I understand that," Trump replied.
"Mr. Kise, please rein in your client," Engoron responded.
Trump continued, "Your honor, I have done nothing wrong. They owe me for everything I have had to endure. They have damaged my reputation and more."
AG maintains that Trump acted with intent to defraud
Trump's final appeal speech echoed his testimony when the attorney general summoned him as a witness, with Engoron attempting and ultimately abandoning efforts to compel Trump to respond to questions without delivering political addresses.
In its closing statement, the attorney general's office argued that Trump intentionally inflated the value of his assets in his financial statements. Andrew Amer, a lawyer for the office, stated that Trump was ultimately responsible for the actions of Trump Org. executives Allen Weisselberg and Jeff McConney in the fraudulent activity.
"Mr. Trump was undeniably involved in reviewing and approving the statements," Amer stated. "Based on his extensive knowledge of these assets, it can be inferred that he purposely intended to defraud. The attorney general's office is pursuing a $370 million claim against Trump, asserting that his deceitful financial statements led to more favorable loan and insurance rates."
Engoron has already determined that Trump and his co-defendants were responsible for ongoing and repeated fraud. The trial was held to determine the amount of money owed, as well as six additional claims including conspiracy, issuing false financial statements, falsifying business records, and insurance fraud. The attorney general's office referred to testimony from Trump's former lawyer Michael Cohen, who stated that Trump instructed him and Weisselberg to manipulate his financial statements to increase his net worth. The defense was accused of failing to have Trump testify to counter Cohen's allegation.
Cohen's testimony is significant because he changed his statements during cross-examination, clarifying that Trump did not explicitly instruct him to inflate the numbers. "He communicates his desires without explicitly stating them," Cohen elaborated. "We knew what he wanted."
Trumps lawyers argue case is political attack
Trump's legal team continuously criticized Cohen's trustworthiness in their final argument, labeling him as a "habitual liar" and an untrustworthy source as the sole accuser of fraudulent intentions.
Trump's legal team echoed their client's assertions in their closing arguments, accusing the New York attorney general of carrying out a political vendetta against Trump.
"At the start of my presentation, I want to emphasize that this entire case is a fabricated claim driven by a political agenda," Kise stated. "It has consistently been about issuing press releases and making political gestures, but there is no concrete evidence to support it."
Kise and Alina Habba, a lawyer representing Trump, the Trump Organization, Weisselberg, and McConney, both targeted James on a personal level.
"I noticed this morning that her shoes were off and she had a Starbucks coffee," Habba stated as she looked back.
"Habba noted that she does not sit with us but instead goes outside with her PR team," she added, prompting Engoron to warn her about straying from the relevant facts of the case. Habba argued that her criticisms were indeed pertinent to the case.
Trump team tries to argue the case is bigger than Trump
Trump's legal team has raised objections to the behavior of the attorney general's office, the judge, and his clerk throughout the three-month trial. They have indicated their intention to appeal Engoron's ruling, in addition to their previous appeal of his decision holding Trump responsible for fraud.
Engoron was urged by Trump's team to take into account the wider implications of his ruling, as they believed his decision would have significant effects on businesses in New York and would define his legacy. Kise argued, "Your ruling, judge, will affect every corporation in New York."
Kise accused the attorney general of seeking unchecked authority to intervene in commercial real estate deals. "We can't let the attorney general go after victimless offenses and essentially shut down businesses," Kise stated.
Trump's lawyers referred to a lawsuit in 2018 by the New York attorney general against Exxon as an example. In this case, a judge ruled that the attorney general did not substantiate claims that ExxonMobil deceived investors regarding the accounting of climate change regulations. Kise added that the attorney general not only lost the case, but also noted that Exxon's headquarters had moved from New York to Texas. Trump later chimed in, stating that Exxon was content in Texas.
Assistant attorney general Kevin Wallace responded at the start of his closing argument that, in fact, Exxon left New York for Texas in 1989.
Next steps in the case
Engoron said he hopes to issue a ruling by the end of January.
But that is hardly going to be the end of the matter.
Trump's legal team has appealed the summary judgement handed down by Judge Engoron at the beginning of the trial, in which he found Trump and his co-defendants responsible for ongoing and repeated fraud. The post-trial ruling from Engoron is anticipated to outline the disgorgement amount, or the profits obtained through fraudulent means, that the defendants must repay, in addition to addressing the six other claims filed by the attorney general in the lawsuit.
Trump's legal team has stated multiple times during the trial that they intend to appeal the decision, citing concerns about the case against Trump and the actions of the judge and his law clerk. This suggests that the case may continue, leaving Trump's ability to conduct business in New York uncertain.
A New York appeals court has paused any breakup of Trumps businesses or any payment until all appeals are litigated.
The former president, meanwhile, may be back in a Manhattan courthouse next week.
He told reporters he plans to attend the trial on defamation charges brought against him by magazine columnist E. Jean Carroll.
"I want to go to all of my trials," Trump said.
