Judge Arthur Engoron expressed his frustration with the ex-president's lawyer in Donald Trump's civil fraud trial. He pleaded with the lawyer, saying, "I implore you to restrain him if you are able." This plea came after the witness proudly boasted about his substantial wealth, launched harsh political attacks, and presented nonsensical arguments.
Engoron, the presiding judge of the New York trial, has highlighted a crucial question that will determine the place of a prominent political figure in history.
And the resounding answer remains unchanged: Trump cannot be restrained.
No ordinary lawyer could enforce the level of discipline that has been lacking for two-and-a-half centuries in terms of constitutional checks and balances, both during Trump's presidency and in the present. Despite initially considering dismissing the ex-president from the witness stand, Engoron ultimately allowed the Trump controversy to continue, hoping that it would eventually subside, although history has proven otherwise.
Trump's aggressive defense against allegations of inflating his wealth to deceive banks, insurance companies, and the state of New York provided a troubling glimpse into the upcoming 2024 election season, which is likely to be dominated by his extensive legal troubles. However, it also offered insight into Trump's unwavering refusal to back down in the face of his adversaries, and demonstrated why he is adored by voters who disdain authority figures from the East Coast and liberal societal norms.
His testimony served as a cautionary tale for attorneys attempting to challenge his fabricated version of reality with facts and evidence, while also revealing his potential tactics of charming and confusing jurors during his upcoming criminal trials.
As he took his place in the witness stand and raised his hand to swear an oath of truthfulness, an almost ironic gesture considering his history of lies, Trump defied yet another norm. Former presidents in the United States are not typically required to defend their actions in court. The examination of the Trump Organization's financial records on Monday, lasting four hours, was only a prelude to the future legal battles that could result in the Republican Party nominating a convicted felon for the presidency. Trump vehemently denies any wrongdoing in all the cases brought against him.
Trump shows what he will do to save himself
With Trump donning a blue suit, tie, and shirt instead of his usual campaign attire of a dark suit, white shirt, and unusually long red tie, there is no doubt that he would have no hesitation in dismantling legal and political systems if it meant saving himself.
"It constitutes election interference as you intend to confine me within this courthouse throughout the entire day," Trump accused prosecutors associated with New York Attorney General Letitia James, alleging her motive behind attempting to ruin his business is to establish her candidacy for governor. Flipping the truth as he frequently does, the former president himself is the one politicizing the justice system in his own pursuit of regaining power.
Prior to facing judgment, Trump is endeavoring to undermine the institutions responsible for holding him accountable, which will ultimately determine his fate. "The judge is exceedingly hostile," Trump remarked, gesturing with his hand towards Engoron, who sat adjacent to and slightly elevated from the witness stand on the bench.
The ex-presidents day exemplified a chaotic life as a real estate mogul, prominent figure in New York City, reality television star, demagogic political candidate, and previous U.S. president. He impeded, exaggerated, hurled insults, boldly disregarded courtroom etiquette, and substituted partisan narratives for straightforward responses demanded by the judge. However, Trump also adeptly utilized his ability to outrage his interrogators and skillfully manipulate language, leaving them perplexed, whether they were in the legal system or the media.
There were even moments of humor, hinting at one of the fundamental elements of the political strategy that has captivated millions of Americans. For instance, when asked if he had constructed homes on a golf course in Scotland, Trump admitted that he had not, but slyly added, "I have a castle." Additionally, there was an abundance of typical Trump self-promotion. He boasted about his lucrative Mar-a-Lago resort in Florida, proclaimed that he had built the finest building on the West Coast, and dubiously asserted that his 18-hole course in Aberdeen was the "greatest golf course ever built."
Trump once reflected, "I have possessed a substantial amount of money for an extended period."
Due to the trial's lack of television coverage, Trump's supporters were unable to witness the events. Nevertheless, they would have undoubtedly identified the forceful personality and disruptive nature resembling a bulldozer displayed by the witness on the stand. These characteristics had propelled the twice-impeached, four times indicted former president, who left Washington in shame almost three years ago, back into the forefront of the Republican party.
It was evident well before Trump left the court, expressing his dissatisfaction with a "scam," that his legal strategy closely resembled his usual political approach: denying any wrongdoing and dismissing criticism as evidence of a vast and unfair conspiracy against him. The objective was clear: exploit the latest attempt to hold him accountable and turn it into a campaign driven by a sense of martyrdom, aiming to regain presidential powers and overcome his legal troubles.
"People are weary and fed up with the current situation. I believe this is a mournful day for America," Trump stated in conclusion, referencing polls by The New York Times that showed him leading President Joe Biden in crucial swing states - a tactic his lawyer Chris Kise also employed to insinuate that the "soon to be" next president was not being adequately respected.
Trumps dignity is ruffled
Yet Monday was also a rude awakening for Trump.
Retired commanders-in-chief are typically surrounded by deference, protected by their secret service detachments and retaining the esteemed title of "Mr. President." Trump, known for his alpha male persona, dominates both in his business and political endeavors, employing intimidation tactics both in person and on social media. However, it seems that Trump had not experienced being silenced in quite a while, until Engoron interrupted his rambling and stated firmly, "No, no, you answered the question."
In this particular instance, the attorney generals' lawyers and the judge did not address him as "Mr. President." Instead, the witness was referred to simply as "Mr. Trump." Seated alone in the wood-paneled witness box on a leather chair, he kept his hands clasped in his lap.
The trial quickly turned into a battle for control between Trump and Engoron. Trump went off on a tangent, prompting the judge to inquire if the lawyers had requested an "essay" on brand value. Engoron, frustrated with partisan remarks, reminded everyone that they were in a courtroom, not a political rally. The judge bristled at the ex-president's complaint that he always ruled against him, and Kise, taking a tone reminiscent of Trump's subordinates, argued against the judge's admonitions and praised the ex-president's "brilliant" responses.
Later, in an effort to avoid providing grounds for an appeal, the judge allowed the ex-president to ramble. However, by the end of the day, Engoron's patience wore thin. He referred to Trump's answers as a broken record, and the ex-president retorted that the judge kept asking the same question repeatedly. Ultimately, Engoron will have the final say. He has already ruled that Trump, his two adult sons, and the Trump Organization are responsible for fraudulently inflating his wealth for advantageous deals with banks and insurance firms. The trial will address related claims and determine the amount of restitution due, as well as whether Trump will be prohibited from conducting business in New York.
How Trump defended himself
Determining whether Trump had actually improved or worsened his situation was difficult to ascertain. It did seem that he had managed to interrupt the trial's proceedings. However, as he voiced his frustration, it became apparent that there was no jury present, leaving Engoron solely responsible for judging the trial.
Trump's defense rested on three main arguments. Firstly, he denied inflating his properties and instead claimed that he undervalued them, citing the exclusion of unspecified millions of dollars represented by his "brand" and its potential. Secondly, he asserted that a disclaimer clause in financial documents placed the responsibility of due diligence on banks and insurance firms. Lastly, he repeatedly asserted that there were no victims, implying the absence of any crime.
This pattern of deniability and unwavering belief in his own invincibility is reminiscent of Trump's previous false claims that the Constitution granted him nearly unlimited powers while in office. It also reflects his insistence that his phone call with Ukrainian President Volodymyr Zelensky, which led to his first impeachment, and his speech before the Capitol insurrection on January 6, 2021, were both "perfect."
Trump provided insight into his mindset as a businessman, which helps explain his false claim of victory in the 2020 election despite clearly losing. By stating that he can determine the value of a building on sight alone, he suggests that he can disregard the intricate financial components that typically determine an investment's true worth. This inclination to mold reality according to his desires has consistently shaped Trump's political strategy. Similarly, when evaluating an election, he appears to employ a similar approach, disregarding factual evidence of the candidate who received the most votes.
The question of whether Trump genuinely believes his statements will play a significant role in two election interference trials—one in federal court in Washington and another in Georgia. Prosecutors must prove that he had the intention to violate the law. Despite overwhelming evidence to the contrary, Trump adamantly claims he won the 2020 election. In his alternate reality, he may genuinely believe this or have the ability to persuade a jury of his conviction.
However, the most concerning outcome of Trump's day in court on Monday was the realization that while the legal system may succeed in holding him accountable, unlike constitutional and political limitations, there is currently no indication that anyone or anything can restrain the potential 47th president of the United States.