Donald Trump's Lawyers Miss Critical Deadline in Engoron Trial

Judge Arthur Engoron is not allowing Donald Trump to deliver his own closing remarks during the conclusion of his New York-based civil fraud trial due to his attorneys not meeting deadlines.

Engoron, who is the final arbiter in deciding whether Trump could be barred from conducting business in the state, sided with New York Attorney General Letitia James before the case even began.

As part of James' original $250 million lawsuit, which has ballooned up to a potential $370 million in penalties since the trial began, Engoron found that Trump and the Trump Organization deceived banks, insurers and others by exaggerating his net worth on financial statements on financial statements to receive loans and engage in business deals. He also exaggerated his net worth, per Engoron.

Newsweek reached out to James' office, Trump's lawyers and the Trump Organization via email for comment.

The decision was due to Trump's lawyers missing a series of extended deadlines, according to back-and-forth emails between Engoron and Trump attorney Christopher Kise.

On January 3, Engoron's law clerk, Allison Greenfield, informed Trump's legal team that closing arguments would take place on January 11. Kise replied by telling Greenfield that he and attorney Alina Habba would require between two hours and two hours, 15 minutes for their closing remarks.

The New York Attorney General's Office emailed Engoron, Greenfield and state attorney Garth Johnston one day later, advising them that the court has the power to "exercise its discretion" and deny Trump from speaking during closing remarks.

Engoron sent an email to Trump's legal counsel on January 5, saying that whether Trump can speak is up to his discretion. He said that Trump could make a closing argument through counsel by January 9 "if and only if" the ex-president agreed to limit what is permissible in a closing argument, only commentating "on the relevant, material facts that are in evidence, and application of the relevant law to those facts."

"He may not seek to introduce new evidence," Engoron added. "He may not 'testify.' He may not comment on irrelevant matters. In particular, and without limitation, he may not deliver a campaign speech, and he may not impugn myself, my staff, plaintiff, plaintiff's staff, or the New York State Court System, none of which is relevant to this case, and all of which, except commenting on my staff, can be done, and is being done, in other forums.

"If Mr. Trump violates any of these rules, I will not hesitate to cut him off in mid-sentence and admonish him."

In response, Kise said that Trump could not agree to such preconditions and restraints, nor would he recommend him to do so.

"The preconditions and prior restraints you propose are fraught with ambiguities, creating the substantial likelihood for misinterpretation or unintended violation," Kise wrote Engoron in response on January 9. "For example, the notion he could not comment on the AG, the plaintiff, is simply untenable. Moreover, given the history of these proceedings, agreement to such ambiguous limitations will no doubt simply create further disagreements."

Engoron stood his ground and said his discretion is "not subject to further debate," telling Kise and company to "take it or leave it" by 4 p.m. on Tuesday.

Kise said that Trump's mother-in-law passed and that he never saw the email containing the 4 p.m. deadline. After a request for postponement was rejected by Engoron, due to the number of staff and security required in Trump's presence, the judge offered an 11 a.m. deadline.

When Kise replied and said Trump would speak, Engoron said that Trump had to agree on the record that he would accept the limitations he imposed.

Kise called it "unfair" and said Trump has been "wrongfully demeaned and belittled by an out-of-control" James.

Engoron replied and gave Kise seven minutes, until a 12 p.m. Wednesday deadline, to accept the preconditions. Kise never responded and Engoron sent one more email to say that Trump would not be allowed to speak on Thursday.

The judge was criticized by Trump in a series of social media posts on Sunday.

Engoron "HAS SO DISRESPECTED THE COURT OF APPEALS, IN THAT HE CONSIDERS THIS BIGGEST OF ALL LEGAL EVENTS TO HAVE NEVER HAPPENED, THAT NEW YORK STATE, AND OUR NATION AS A WHOLE, CANNOT ALLOW THIS TERRIBLE WRONGDOING TO TAKE PLACE," Trump wrote in one post.

Update 01/10/24, 2 p.m. ET: This story was updated with additional information.