On Friday, a judge in New York’s appeals court denied Donald Trump’s request to temporarily halt the continuing $250 million civil fraud trial, but he did temporarily delay the process of breaking up his enterprises.
The decision was handed down by Associate Justice Peter Moulton on Friday after a short hearing.
The civil fraud trial against the former president was put on hold by Trump’s request to the appeals court following Judge Arthur Engoron’s unexpected summary judgement order last week finding the former president responsible for fraud. According to Trump, the underlying judgement will cause “severe and irreparable harm not only to Appellants but to innocent nonparties and employees who depend on the affected entities for their livelihoods.” He has therefore called for a stay of execution.
Judge Engoron of New York’s highest court concluded last week that Trump and his co-defendants committed “persistent and repeated fraud,” and that as a result, many of Trump’s businesses will have their business registrations revoked.
It is “clear that the Supreme Court does not comprehend the scope of the chaos its decision has wrought,” Trump’s lawyers argued.
“Terminating non-party business licences without jurisdiction, without process, without statutory authority, without trial, and for no reason renders impossible the lawful operation of multiple businesses and threatens termination of hundreds of New York employees without any jurisdiction or due process,” the filing reads.
We aren’t trying to stall. “We’re not seeking anything but a fair trial and these errors permeate the ongoing trial,” Trump attorney Christopher Kise said in court Friday, pointing to “an avalanche of errors” in the summary judgement finding.
Trump and the other defendants are trying to “sow chaos by disrupting an ongoing trial that has now been going on for a week,” according to the New York Attorney General’s office, which resisted the motion. However, the defendants have not demonstrated any irreparable harm that would result from continuing the trial.
Trump’s legal team was criticised by the attorney general’s office for waiting until trial testimony had already begun before requesting a delay.
“And tellingly, they waited until after Mr. Trump decided to stop attending the trial,” the letter states. Trump was present for the trial’s first three days before heading back to Florida.
According to the answer, the court and its witnesses would be inconvenienced, and there would be a “cascade of delays in not only this case but also other litigation involving Mr. Trump.”
There is a substantial possibility that defendants may seek additional trial delays based on the deadlines in these other cases if the trial here is delayed. According to the request, the defendants “appear to be attempting to play one court against the other.”
The attorney general emphasised that it has “informed defendants of its willingness to discuss staying enforcement of portions of that relief pending trial and entry of final judgement, provided that the trial continues in a timely manner,” in response to Trump’s request to halt Engoron’s summary judgement.
To kick off the dissolution process, the judge last week demanded that Trump propose suitable receivers by October 26.
As the attorney general points out in his filing, Trump and the other defendants have not consented to hold those talks yet, so “there should be no resort to the emergency of this Court when the parties have not even had an opportunity to determine if they can reach an agreement.”
The state attorney general’s office requests that the appeals court take into account the extensive court resources prepared for the trial, including “special security arrangements outside and inside the courthouse, many additional security and other court personnel to conduct those arrangements, and special arrangements to ensure access for the press and the public.”
Trump’s legal team has decided to end their case against Engoron.
The case that Trump’s lawyers had filed against Engoron and the New York attorney general was also dropped.
After reaching an agreement with New York Attorney General Letitia James’ office, Trump’s legal team and the other defendants informed the appellate court that they would be dropping the case.
An appeal was filed in September, requesting that the trial be stayed until a decision could be made in the civil matter.
Judge Engoron issued his summary judgement finding last week, making the appeals court’s denial of Trump’s stay request irrelevant.
