The defense team in President Trump’s fraud trial has filed a motion for mistrial with New York’s Supreme Court at Manhattan, accusing the presiding judge, Arthur Engoron, of a “biased” trial in the ongoing civil fraud case brought by Attorney General Letitia James.

“The evidence of apparent and actual bias is tangible and overwhelming,”  the motion declares. “The Constitution guarantees Defendants a fair and impartial trial,” the attorneys write, and the Supreme Court “instructs that “[t]he operations of the courts and the judicial conduct of judges are matters of utmost public concern.” They argue that “sunlight is the best disinfectant.” 

The 30-page court filing comes as no surprise. The defense began repeatedly calling for a mistrial early on in the proceedings after Mr. Trump was placed under a gag order by the judge, prohibiting him from making any public comments about the judge’s principal law clerk, Allison Greenfield.

Mr. Trump, who has mocked Ms. Greenfield as “Schumer’s girlfriend” on social media posts, has argued she is a partisan Democrat bent on his downfall without offering much in the way of proof. He has since been fined twice for violating the gag order with a total sum of $ 15,000. 

The feud didn’t end there. After the testimony of Mr. Trump’s son, Eric, the judge expanded the gag order to include the defense attorneys, who had also complained vociferously about Ms. Greenfield, accusing her of having made excessive donations to Democratic causes.

In his written order, Judge Engoron explained that his chambers have been “inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters and packages,” adding that  “violence resulting from heated political rhetoric has been well-documented.” He also expressed on numerous occasions during the proceedings that he did not want anyone to “be killed.” 

The defense has made no comments regarding the judge’s plea for safety. Instead it argues the gag orders are “unconstitutional.” The defense attorneys remain fixated on the spectacle of Ms. Greenfield sitting close to the judge at the bench in an “unprecedented and inappropriate latitude,” as they argue in their motion for mistrial. 

Mr. Trump’s attorneys further allege that Ms. Greenfield is “co-judging” the trial by making constant comments, either by whispering them into the judge’s ear and or passing notes to him. This behavior, they claim, creates an “appearance of impropriety” that encourages a “public perception of bias in this case.”

Furthermore, the motion accuses Ms. Greenfield of violating the judicial ethics rules by engaging in “partisan activities,” claiming that her contributions to Democratic groups have surpassed the permitted $500 dollar limit per year. 

The clerk has “engaged in prohibited partisan political activity with respect to the parties before the Court, while their case is pending before the Court,” the attorneys wrote. 

As reported by the New York Times, Ms. Greenfield, a Democrat, “has in fact been campaigning for a judgeship and the rules allow candidates to make certain donations, such as purchasing tickets to political functions.” 

But the motion also attacks the judge, claiming that he “has publicly posted” links to “disparaging” articles about the defendants and their attorneys in his alumni newsletter of the Wheatley School on Long Island. The motion lists articles published by Bloomberg, the Washington Post, The New York Times, NPR and CNN. They are all dated prior to the start of the trial on October 2nd, 2023.  

On Friday, Representative Elise Stefanik, a member of the House Republican leadership, filed an ethics complaint against Judge Engoron regarding his conduct with Ms. Greenfield.

A spokesman for the New York court system, Al Baker, defended the judge’s “actions and rulings in this matter,” stating they “are all part of the public record and speak for themselves.”

“The numbers and evidence don’t lie,” a spokesperson for Ms. James’ office said in a statement. “Donald Trump is now being held accountable for the years of fraud he committed and the incredible ways he lied to enrich himself and his family. He can keep trying to distract from his fraud, but the truth always comes out.”

Ms. James is suing the 45th President of the United States, his two adult sons and other associates of the Trump Organization for committing business fraud by intentionally stating false asset values on financial statements, in order to get better terms on  loans  and better insurance policies. 

Mr. Trump has called the case a “sham trial,” a case that “according to almost all legal scholars, has zero merit,” and is politically motivated. His lawyers have further argued that “there are no victims.” No bank or  insurance company has sued the Trump Organization for any losses. 

Their motion also claims that the court has refused “to transfer this complex case to the Commercial Division, where it unquestionably belongs.” 

In a September 26th summary judgment decision, the judge found the defendants guilty of fraud, and agreed with Ms. James’s request to revoke their New York business license. But an appeals court stayed the revocations, meaning that the Trumps remain in control of his properties and his license until the appeals court further investigates the case. 

Judge Engoron will decide on six more legal claims during the ongoing trial. These include submitting false financial records, insurance fraud and conspiracy. He will rule who, if anyone, is liable for these claims, and whether to fine anyone and, if so, how much. Ms. James is asking for an estimated $250 million fine, plus interest.        

The judge will most probably deny the mistrial motion. He has already dismissed numerous attempts by the defense to call for an immediate dismissal of the case.    

Considering how Judge Engoron has consistently ruled against Mr. Trump, an appeals court will most likely decide the future of the Trump family real estate empire.