Donald Trump files for mistrial in NYC fraud case, repeating bias allegations against judge and clerk

NEW YORK — Donald Trump filed for a mistrial in his Manhattan Supreme Court fraud case Wednesday, alleging "anti Trump/big real estate bias" on the bench preventing him from getting a fair shake.

Lawyers for the former president filed the anticipated motion during the third day of his defense case, repeating much of the same bias allegations they and Trump have lobbed at Judge Arthur Engoron and his principal law clerk, Allison Greenfield, throughout the trial, now in its seventh week.

"Here, in an unprecedented case commanding worldwide interest and attention, it is imperative that nothing compromise that guarantee and thereby undermine public confidence in our legal system," reads the mistrial motion filed by Trump lawyers Alina Habba and Cliff Robert.

"(Only) the grant of a mistrial can salvage what is left of the rule of law," they later wrote.

Engoron found Trump, his sons, Eric and Don Jr., and former top executives Allen Weisselberg and Jeffrey McConney liable for persistent and repeated fraud the week before the trial started for manipulating the value of Trump Organization assets to profit in business deals illegally. The ruling was based on evidence Trump and his crew provided and did not dispute.

The judge ordered Trump and his associates stripped of certificates required to run a business in New York, which could see him lose control of prized properties in his portfolio if an appeals court upholds the ruling. The New York attorney general's remaining six claims are on trial, relating to the conspiracy underlying the valuation scheme and insurance fraud.

Team Trump, in their mistrial motion, again aimed at Engoron's chief clerk, quoting comments they have levied against her in court to boost their bias allegations and including photos of her and the judge on the bench they said "may" lead the public and parties to believe she plays "a direct role in presiding over the trial."

They cited more than $4,000 in political donations she made, mostly while running for Manhattan Civil Court judgeship in 2022, alleging they surpassed contribution limits, an added that they include dollars toward "organizations actively supporting Attorney General James and opposing President Trump." As a candidate, Greenfield's contributions as a clerk were permitted under state judicial rules.

Alleging Engoron had "restricted public criticism" of his court, Trump's lawyers cited a gag order that does not prohibit the parties from criticizing the judge.

A disparaging Truth Social post about Greenfield shared by the Republican frontrunner for president on the second day of trial — spreading the false claim she was dating Sen. Chuck Schumer — prompted Engoron to impose the gag order prohibiting all involved in the case from commenting on his court staff, comprising three civil servants. Trump's been fined $15,000 for violating it twice.

Engoron expanded the gag order to include his lawyers when they cast unfounded aspersions in court, barring them from commenting on how he communicates with his clerk, noting he had "an unfettered, absolute right to consult with my law clerks anytime, anyplace about any matter." He noted his chambers had been inundated with harassing and threatening correspondence.

The mistrial motion also refers to stories the 74-year-old elected judge shared with his high school classmates online during the investigation that preceded the September 2022 lawsuit— over whose related court hearings he presided.

"Regardless of the venue, and the fact that the links were often posted without comment, this Court's repeated publicizing of its own rulings — and, worse, previewing forthcoming rulings — gives an appearance of impropriety," Trump's lawyers charged.

Engoron said he would give AG lawyers until tomorrow to oppose the mistrial request before issuing a decision. The judge has already denied requests from Trump's defense team seeking a directed verdict, which would end the trial. He'll decide on the remaining six claims without a jury because of the nature of the penalty.

Attorney General Letitia James is not seeking monetary damages, but to recover at least $300 million in illegal gains and an order permanently barring Trump and his co-defendants from serving as head of an Empire State corporation.

In a statement, James said Trump had once again sought "to dismiss the truth and the facts."

"(But) the numbers and evidence don't lie. 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," James said. "He can keep trying to distract from his fraud, but the truth always comes out."

Trump and his associates deny all wrongdoing, claiming, among other arguments, that the value of buildings is in the eye of the beholder.

His lawyers on Wednesday questioned Jason Flemmons, a forensic accountant who previously worked for the Securities and Exchange Commission. Flemmons testified that properties can be valued in "wildly" different ways and that Trump and his crew appropriately disclosed their evaluation methods in Trump's annual financial statements when seeking loans.

He suggested Donald Bender, the Trump Org's former outside accountant whom Trump and his codefendants have sought to blame for inaccuracies, bore responsibility.

Flemmons is expected to continue on cross-exam with lawyers for the state Thursday.

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Donald Trump filed for a mistrial in his Manhattan Supreme Court fraud case Wednesday, alleging "anti Trump/big real estate bias" on the bench preventing him from getting a fair shake.

Lawyers for the former president filed the anticipated motion during the third day of his defense case, repeating much of the same bias allegations they've lobbed at Judge Arthur Engoron and his principal law clerk, Allison Greenfield, throughout the trial now in its seventh week.

"Here, in an unprecedented case commanding worldwide interest and attention, it is imperative that nothing compromise that guarantee and thereby undermine public confidence in our legal system," reads the mistrial motion filed by Trump lawyers Alina Habba, Cliff Robert, and Chris Kise.

"[Only] the grant of a mistrial can salvage what is left of the rule of law," they later wrote.

Engoron found Trump, his sons, Eric and Don Jr., and former top executives Allen Weisselberg and Jeffrey McConney liable for persistent and repeated fraud the week before the trial started for manipulating the value of Trump Organization assets to profit in business deals illegally. The ruling was based on evidence Trump and his crew provided and did not dispute. The judge ordered Trump and his associates stripped of certificates required to run a business in New York, set to take effect if and when the ruling is upheld on appeal.

The New York attorney general's remaining six claims are on trial, relating to the conspiracy underlying the valuation scheme and insurance fraud. AG Tish James seeks to recover at least $250 million in illegal gains and an order permanently barring Trump and his co-defendants from serving as head of an Empire State corporation.

Team Trump, in their mistrial motion, again aimed at Engoron's chief clerk, quoting comments they have levied about her in court to boost their bias allegations and including photos of her and the judge on the bench they said "may" lead the public and parties to believe she plays "a direct role in presiding over the trial."

They cited political donations she made while running for Manhattan Civil Court judgeship, alleging they surpassed contribution limits, and adding, in bold and italics, that they include dollars toward "organizations actively supporting Attorney General James and opposing President Trump."

Alleging Engoron had "restricted public criticism" of his court, Trump's lawyers cited a gag order that does not prohibit the parties from criticizing the judge, something Engoron previously quipped Trump's side had taken full advantage of. A Truth Social post about Greenfield shared by Trump on the second day of trial — spreading the false claim she was dating Sen. Chuck Schumer — prompted Engoron to impose the gag order prohibiting all involved in the case from commenting on his court staff, comprising three civil servants. Trump's been fined $15,000 for violating it twice.

Engoron expanded the gag order to include his lawyers when they cast unfounded aspersions in court, barring them from commenting specifically on how he communicates with his clerk. The incensed judge said he had "an unfettered, absolute right to consult with my law clerks anytime, anyplace about any matter" when Trump's lawyers first brought it up. In expanding the order, he noted his chambers had been inundated with harassing and threatening correspondence since the trial started.

The mistrial motion also refers to stories the 74-year-old elected judge shared with his high school classmates online during the investigation that preceded the September 2022 lawsuit, over whose related court hearings he presided.

"Regardless of the venue, and the fact that the links were often posted without comment, this Court's repeated publicizing of its own rulings — and, worse, previewing forthcoming rulings — gives an appearance of impropriety," Trump's lawyers charged.

Lawyers for the AG are expected to oppose the motion in writing, and then Engoron will issue a decision.

In a statement, AG James said Trump had once again sought "to dismiss the truth and the facts."

"[But] the numbers and evidence don't lie. 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," James said. "He can keep trying to distract from his fraud, but the truth always comes out."

Trump, facing 91 felonies on the east coast, and his associates deny all wrongdoing, claiming, among other arguments, that the value of buildings is in the eye of the beholder.