Judge Engoron Almost 'Mocking' Trump in Latest Decision: Legal Analyst

Legal analyst Jonathan Turley told Fox News' Bill Hemmer on Friday that Judge Arthur Engoron's tone "almost bordered on mocking" in his latest decision to reject former President Donald Trump's request to delay paying his $355 million fine.

Engoron rejected the request from Trump's team on Thursday in a short email to the former president's lawyer, Cliff Robert.

"You have failed to explain, much less justify, any basis for a stay," Engoron said to Robert. "I am confident that the Appellate Division will protect your appellate rights."

The Context

Last week, Engoron ordered Trump and his companies to pay $355 million plus interest and barred the former president from doing business in New York for three years after he found him liable for fraud. Trump has denied all wrongdoing and claimed the case was politically motivated as he is the GOP frontrunner in the 2024 presidential election.

Engoron's decision comes after New York Attorney General Letitia James filed a lawsuit in September 2022 accusing the former president, his two adult sons, Donald Jr. and Eric, The Trump Organization and two firm executives, Allen Weisselberg and Jeff McConney, of fraudulently overvaluing assets to secure more favorable bank loans and taxation deals. The other defendants in the case have also received financial penalties and are banned from doing business in New York for periods of time.

Trump's team has said that they are going to appeal Engoron's decision. In order to appeal, Trump will first have to post a $400 million bond, which his lawyer, Alina Habba, said on Fox News on Monday that they are prepared to do.

What We Know

Turley, a lawyer and professor at George Washington University Law School, explained on America's Newsroom why Trump's team would be granted a delay, saying, "The explanation is in the figure. [Engoron] just imposed a $355 million judgment with a law that has never been used in this way. That's the reason. And it's rather obvious."

"But you also have people like James who have never built a thing other than their political careers who are now treating [Trump's] buildings as if they're theirs. She said that she's eyeballing a couple of properties that she might wanna seize like this is a fire sale. And the fact is that the judge showed absolutely no sense of equity in any of this," he continued.

Turley said that Engoron's "decision is the decision of a single jurist, and this party wants to have a review, but in order to do that, he was to pony up what is about a half a billion dollars.

"And that has a gross unfairness to it when you combine the use of the law and the size of his judgment and then this requirement for a deposit. But he just simply brushed those aside and his tone almost bordered on the mocking."

When asked how Trump's appeal will pan out, Turley told Newsweek via email on Friday: "The law itself is novel and controversial. However, it has been previously upheld. It is unlikely to be struck down in a facial challenge. An 'as applied' challenge could have merit.

"The size of the judgment raises serious questions over excessive fines and judgments. It could raise serious constitutional questions for the Court of Appeals or the Supreme Court. The combination of this novel law and the astronomical damages should prompt a close review and healthy skepticism on appeal."

Newsweek reached out to Trump's campaign via email and James' office via online form for comment.

The Views:

Following Engoron's decision last Friday, James wrote on X, formerly Twitter: "Today, justice has been served. This is a major win for everyone who believes that we must all play by the same rules. No matter how big, how rich, or how powerful you are, no one is above the law. Not even Donald Trump."

The question raised after Engoron's ruling is how rich Trump really is, with people speculating that his recent request to delay his payment may mean that he doesn't have the money to pay up.

Ben Meiselas, an attorney and co-founder of the liberal news website MeidasTouch, posted on X on Thursday: "Translation: I don't have $400 million in cash to post a bond."

"This could signify that Trump is having cash flow problems as payment in full or bond posting must be done in 30 days," Ray Loewe, a vocal Trump critic, wrote.

What's Next?

As Trump tries to appeal his New York fraud case, he will also be balancing four criminal indictments, two of which stem from his alleged attempts to overturn Joe Biden's 2020 election win. Trump has pleaded not guilty to all charges.

As the current frontrunner for the 2024 Republican nomination, it is becoming increasingly likely that Trump will face off against Biden again in November for a second shot at the presidency.

Update 2/23/24, 11:06 a.m. ET: This article was updated with additional information, comment from Jonathan Turley, and to note that Newsweek reached out to Trump and James for comment.