Trump saves fireworks for outside court on first
day of fraud trial
Trump was a quiet presence inside court, but outside
he said ‘deranged’ judge overseeing case ‘should be out of office’
Lauren
Aratani
Lauren
Aratani in New York
Mon 2 Oct
2023 17.46 EDT
https://www.theguardian.com/us-news/2023/oct/02/trump-fraud-trial-case-judge-engoron-new-york
Not many
defendants would dare to brand the judge overseeing their case “deranged”, call
for them to be kicked out of office and dismiss the suit against them as a
“witch-hunt”. Not many defendants are Donald Trump.
On the
first day of a civil fraud case that could decide the future of his business
career, Trump cut an angry, uncomfortable figure. “This is a judge that should
be out of office,” he told reporters as the court broke for lunch. “This is a
judge that some people say could be charged criminally for what he’s doing.”
In court,
in a navy suit and light blue tie, Trump was a quieter presence. Hunched at
times and conferring with his lawyers, he mostly listened quietly as lawyers
for the New York attorney general outlined their case.
In a hushed
courtroom with secret service agents posted on all sides of the room, Trump sat
directly facing the New York judge Arthur Engoron. As the judge and the lawyers
conferred, Trump gave the occasional scoff and eye roll but the fireworks were
saved for outside the court.
The charges
against Trump are serious. After a three-year investigation the attorney
general Letitia James, also present, has accused Trump and his sons of “grossly
inflating” the value of the properties in order to secure business loans.
Engoron agreed in a pre-trial ruling and has suspended the Trumps’ business
licenses – effectively ending their ability to conduct business in New York.
“The
defendants were lying year after year after year,” said the state prosecutor
Kevin Wallace. As Wallace repeated prosecutors’ claims that Trump inflated his
net worth between $812m to $2.2bn, Trump visibly shook his head.
“By hiding
their true resources… they convinced these banks to take on hidden risks of
hundreds of millions of dollars,” Wallace said. While Trump can inflate his net
worth to the media, he “cannot do it while conducting business in New York”,
Wallace said.
Trump and
his lawyers seemed to be talking about an entirely different case and an
entirely different man. In their opening statements, Trump’s lawyer showered
the former president with praise, saying that Trump “has made billions of
dollars building the most successful real estate empire in the world”.
There were
no “unjust profits, and there were no victims”, the Trump lawyer Christopher
Kise, argued. The claims are over “a handful of loan transactions, they were
all successful”. The banks who made the loans, they argue, made hundreds of
millions from the deals.
The Trump
lawyer Alina Habba went so far as to say that Trump actually undervalued his
“Mona Lisa” properties. “We have renowned experts that say properties like
Mar-a-Lago are worth over $1bn,” she said. “I bet you there is someone who
would buy that property for way over $1bn.”
“That is
not fraud, that is real estate,” she added. “I had the pleasure of visiting
these properties, and they are not humble properties.”
A Palm
Beach appraiser valued the Mar-a-Lago property at $27m in 2020. Engoron, in a
pre-trial ruling, called this kind of difference “a fantasy world, not the real
world” that Trump is operating in.
Habba also
told the judge that the attorney general’s office had brought the case forward
on political motivations, that people are mad that Trump’s real estate brand is
so successful.
“There are
probably a lot of people in this room that don’t like that and that’s why we’re
here,” Habba said.
In remarks
to Habba after her opening statement, Judge Engoron told Habba that the defense
team had tried to get “the entire case dismissed because it is a ‘witch-hunt’”,
he said, holding up air quotes with his finger. “I denied that,” he reminded
Habba. Trump repeatedly shook his head as the judge spoke to Habba.
Engoron is
known for his use of puns and light humor on the stand. In his statement
opening the trial, he told the courtroom: “I promise to do my best. Despite my
lame attempts at humor, as I said in an earlier phase [of the trial], I take my
job very seriously.”
In another
moment, right before Kise started his opening statement, Engoron warned against
feedback from the court’s microphone.
“As long as
there’s no feedback,” he said. “I’m already getting enough feedback about this
case.”
Outside the
court the usual spectacle that follows Trump assembled: dozens of cameras
filmed him walking up the court steps, flashing cameras in his face as he
strolled into the courtroom, reporters shouting his name. A small crowd
gathered in Foley Square, the park across the street, to ogle at the scene.
Some held signs denouncing the president. “No one is above the law,” one said.
“Lies have consequences,” declared another.
Exactly how
large those consequences are will be for Engoron to decide in the coming weeks
– and possibly months. James has asked for a fine of $250m and wants the Trumps
banned from doing business in the state. The Trumps deny all charges and are
fighting the license suspension.
While the
trial got off to an explosive start, there will be other big days ahead. Among
the witnesses to be called are Trump’s children, his former right-hand man
turned nemesis Michael Cohen and Trump himself. Then we can expect the
inevitable appeals and the appeals of the appeals.
Whether
Trump himself will be back in court also remains to be seen. He is on the
witness list but it is unclear as yet whether he will testify. Trump hinted he
would be back: “I’ll be seeing a lot of you,” he told reporters, “because this
is a horrible thing that’s happening to this country”

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