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On Sunday, Former President Donald Trump announced on his social media platform that he will not be testifying in his civil fraud trial in New York on Monday. He had been expected to return to court to testify in an effort to strengthen his defense against claims of fraudulent property value inflation. After being questioned by the New York attorney general's office last month, Trump had planned to testify. However, in a lengthy post on Truth Social, he stated that he "WILL NOT BE TESTIFYING ON MONDAY," while also criticizing the attorney general's case and the judge overseeing it.
Trump attorney Chris Kise stated, "President Trump has already testified. There is no more to say to a Judge that has imposed an unconstitutional gag order and seems to have ignored President Trump's testimony and everyone else involved in the financial transactions at issue in the case."
Although Trump had previously testified in the trial, his appearance on Monday would have allowed him to extensively discuss his business and properties while being questioned by his lawyers. This would have also provided him with the opportunity to refute the attorney general's allegations against him. While the case does not involve criminal charges, the attorney general's complaint is personal to Trump as it directly affects his brand.
Trump was under a gag order imposed by Judge Arthur Engoron, preventing him from making any comments about the judge's staff. The gag order, which Trump violated twice and was fined for, was a result of his social media attack on the judge's clerk. Trump's attorney, Alina Habba, advised against testifying due to the gag order.
"He insists on testifying despite my advice not to do so with a gag order in place. He strongly opposes the court proceedings," she stated.
Despite Trump's attorneys appealing Engoron's gag order, it continues to be in effect. Last week, they requested a delay in Trump's testimony until the appeals court rules on the gag order, but the judge denied the request.
Last month, Trump's confrontational testimony during questioning by the New York attorney general drew criticism from Engoron for avoiding the questions and launching attacks on the attorney general, the judge, and the case. New York Attorney General Letitia James is pursuing $250 million in damages and seeking to prohibit Trump from conducting business in the state. The complaint accuses Trump, his adult sons, and his company of fraudulently inflating property values to secure better loan and insurance rates.
As a result of Trump's unexpected announcement on Sunday, the court clerk informed CNN that the court will be closed on Monday. Proceedings will continue as planned on Tuesday, with accounting expert Eli Bartov resuming the final part of his testimony. The attorney general's office will then have a day to present their rebuttals. Following this, each side will have until January 5 to file briefs with Engoron. Closing arguments are scheduled to take place on January 11.
Trump has made multiple appearances at the trial, with the most recent being on Thursday when a defense accounting expert testified. After leaving the courtroom, Trump, who is currently leading the GOP presidential race for 2024, expressed frustration at being in New York instead of campaigning in early swing states, despite attending the trial willingly.
"I should be right now in Iowa, in New Hampshire, in South Carolina. I shouldnt be sitting in a courthouse," Trump said.
This story has been updated with additional details.
CNNs Kara Scannell contributed to this report.