Trump will not speak during closing arguments in the New York fraud trial, a judge rules

(CNN) — Judge Arthur Engron said Wednesday that he does not expect Donald Trump to speak during closing arguments in Trump’s $370 million civil fraud trial in New York.

In a letter sent to Trump’s lawyers and New York Attorney General Letitia James late Wednesday afternoon, Engron said the former president did not agree to the terms Trump set if he wanted to make a statement.

“Having not heard from him by the third extended deadline (this afternoon), I believe that Mr. Trump will not accept the reasonable and legal limitations that I have imposed as a precondition beyond the closing statement provided by his lawyers, and therefore, will not speak in court tomorrow,” wrote to Angoro.

Electronic correspondence shows the parties have been discussing the possibility of Trump participating in arguments for at least the past week.

Trump and his team have used their court appearances to accuse Joe Biden of election meddling, portray his legal problems as political persecution and divert media attention from his Republican rivals, who have struggled to whittle his significant lead.

Trump has not faced criminal charges in the civil fraud case, but the lawsuits against the former president affect him personally, as the New York Attorney General’s office is seeking $370 million in damages and Trump is barred from doing business in the state.

The New York prosecutor’s office has alleged that Trump, his two grown children and his company defrauded banks and insurance companies by inflating the value of the former president’s assets to get more favorable rates. Engron had already ruled that Trump was liable for fraud; The judge is now considering damages and six additional claims in the bench trial.

The prosecutor’s office opposed Trump’s plan to speak during the defense’s closing argument, but also acknowledged that it was up to the judge’s discretion.

“Allowing Mr. Trump to present closing arguments would invite more speeches that would ‘unduly disrupt’ proceedings,” Andrew Amer wrote in an email last Thursday.

Trump has repeatedly clashed with Engron during the 11-week trial. The judge imposed an order barring comments about his staff in the first week of the trial after Trump posted social media attacks about the judge’s clerk. Engron twice fined Trump for violating the gag order, including forcing him to answer questions about comments he made outside the courtroom when he complained about a highly partisan man sitting next to a judge.

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“Take it or leave it. Now or never”

Engron gave Trump a chance to speak in his closing defense statement, but said the former president would have to agree to pre-established terms that would limit what he could and couldn’t say. The judge said he would not be allowed to campaign.

Engron also said that if Trump violates the gag order, he will fine him and remove him from court.

“Therefore, in my sole discretion, I will consent to Mr. Trump making a closing statement before 9/1/2024 through counsel, and only if, and in person, on the record, prior to speaking, he agrees. To limit the topics of what is permissible in an attorney’s closing argument, namely, comments on relevant and material facts that are in evidence and the application of relevant law to those facts,” Engron wrote in an email last week.

“You cannot attempt to introduce new evidence. You cannot ‘testify’. You cannot comment on irrelevant matters,” Engron wrote. “In particular, and without limitation, you may not make campaign speeches, and you may not impeach myself, my staff, the plaintiff, the plaintiff’s staff, or the New York State judicial system, none of which is relevant to this case, and that All, except commenting on my staff, can and is done in other forums.”

Trump’s lawyer, Chris Kiss, said Trump would not agree to such terms and discussed it with Angoron minutes before the deadline, email records show.

“You cannot accept the proposed prerequisites and prerequisites (nor do I recommend that you do),” Kiss wrote in a response email.

Engron responded in a subsequent email on Tuesday, writing: “Your and your client’s rejection of the reasonable and normal limitations I would impose on any of Mr. Trump’s arguments, which are the same limitations the law imposes on the ultimate litigant, fully justifies the need to impose them.

Engron extended the deadline to agree to the terms more than once, giving Trump’s team one last chance before Wednesday afternoon.

“I will not debate this one more time. Take it or leave it. Now or never. You have until noon, seven minutes from now. I will not grant any further extensions,” Engron wrote to Kiss.

Political environment

The closing arguments came two days after Trump’s lackluster appearance in a Washington, D.C., courtroom, with less publicity fanfare than the former president usually enters and leaves New York courthouses.

Trump’s advisers warned him that the federal courts would not allow him to steal the spotlight. They stayed at his private club in Virginia, traveled by caravan to Washington, where there was no air coverage due to flight restrictions in the nation’s capital, went into garages and entered rooms without cameras or microphones.

Trump appeared before the US Court of Appeals on Tuesday for oral arguments on his claims for presidential immunity. Although Trump may choose to attend the proceedings, his appearance was also intended to be a distraction for his Republican Party rivals six days before the Iowa caucuses.

Although Trump insisted on attending the hearing, he later decided to hold a last-minute press event, prompting the US Secret Service and his team to rush in so he could deliver his speech at the Waldorf Astoria Hotel.

“It’s not that we want it to go to court. We haven’t asked for it. But we’re playing the hand we’ve been dealt,” a senior aide told CNN.

Last month, Trump and his lawyers insisted that Trump be called to testify as a final witness in a New York civil fraud case, only to back down. And last spring, Trump told reporters in Ireland that he was abandoning his trip and flying to New York to “deal” with the allegations. Jean will “probably attend” the civil trial of Carol’s rape charges. Didn’t help.

Final arguments will not be televised

Meanwhile, Angoro has rejected the media coalition’s request to televise the closing arguments.

In an order sent to the parties on Wednesday, Engron wrote: “I hereby deny your request to broadcast the proceedings live. Although I (and I hope others) consider myself a strong supporter of press access and transparency, this particular case , as I’m sure you know, very serious security issues.

Cameras will be able to capture videos and photos of Trump and attorneys before closing arguments begin.

They will also be allowed in the hallways where Trump frequently addresses the media to criticize the judge, the New York attorney general and President Joe Biden.

— CNN’s Jeremy Herb contributed to this report.