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New York Judge Arthur Engoron on Wednesday afternoon barred former President Donald Trump from speaking during closing arguments in his civil fraud trial, which experts say would have helped Attorney General Letitia James.
The civil trial, which will determine how much Trump has to pay after the court found widespread fraud in the Trump Organization, will conclude on Thursday. Trump, who is the GOP front-runner for the 2024 presidential nomination, has denied any wrongdoing and called the case against him politically motivated.
James initially sought $250 million from Trump when she sued him in September 2022 but now is asking for $370 million, plus interest. Additionally, James requested that Trump receive a lifetime ban from "participating in the real estate industry in New York State or from serving as an officer or director of any New York corporation or other legal entity."
On Tuesday, sources familiar with Trump's strategy told ABC News that he intended to deliver part of the defense's closing argument but added that the defense's plans were fluid.
But on Wednesday Engoron decided that Trump would not be allowed to speak during the defense's closing arguments. The decision was because Trump's lawyers missed a series of extended deadlines, according to emails between Engoron and Trump attorney Christopher Kise.
Before Engoron made his decision, former federal prosecutor Andrew Weissmann, who served as assistant U.S. attorney from 1991 to 2002, said on MSNBC's The Last Word with Lawrence O'Donnell on Tuesday night that Trump speaking in court on Thursday could benefit James' prosecutors.
O'Donnell asked Weissmann: "Will New York allow Donald Trump to speak in the closing argument of that case?"
"So, it's within the judge's discretion, but if the defendant decides to go pro se, meaning to represent himself, you have to choose one or the other from the beginning," Weissmann answered. "Even if you pro se and you decide you're going to do it, if you start essentially testifying, you either are cut off or you're subject to cross-examination. So, you cannot just start talking in closing and say this is what happened. If you do that, you hop on the stand and the other side gets to cross-examine you.
"So, this is one where Donald Trump may be saying this right now, but...I think one of the best things for a prosecutor in this case would be if he takes the stand."
Newsweek reached out to Trump's spokesperson via email for comment. It also reached out to New York University's Reiss Center on Law and Security via email for comment from Weissmann, who is a distinguished senior fellow there.
In September, Engoron found that Trump submitted "fraudulent valuations" for assets that were then used by himself, his two eldest sons, Donald Trump Jr. and Eric Trump, and his real estate company to secure better loans and insurance terms.
Engoron will ultimately decide the damages Trump will have to pay. The former president has criticized Engoron, his staff and James throughout the trial.
While being questioned by a member of James' staff on December 6, Trump said: "You and every other Democrat district attorney, A.G. and U.S. attorneys were coming at me from 15 different sides, all Democrats, all haters." Trump was being asked why, in July 2021, he re-relinquished a trust he established to manage his assets before his tenure as president.
Update 1/10/24, 3:03 p.m. ET: This article was updated with additional information.
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Rachel Dobkin is a Newsweek reporter based in New York. Her focus is reporting on politics. Rachel joined Newsweek in ... Read more