(TargetLiberty.org) – On Wednesday, former President Donald Trump’s legal team filed a motion for a mistrial in the New York civil fraud case arguing that the trial judge and principal law clerk had “tainted” the trial by showing bias towards the former President.
In the 30-page motion, they argue that the bias shown was threatening both the rights of the defendant and the “judiciary as an institution.” As evidence of this, they used some of the posts that Judge Arthur Engoron had made to a Wheatley School alumni page, where he had referenced some of the people involved in the trial including the former President, his son Eric Trump, and attorney Alina Habba.
The motion notes that according to the New York code, a judge is not permitted to make “any public comments” relating to any “pending or impending” court proceeding in the United States and its territories.
Apart from Engoron, the legal team also pointed out that there are concerns regarding the case’s principal law clerk, who has throughout the trial acted as a “co-judge.” This assessment is made as he and Engoron will often whisper and exchange written notes prior to the majority of issued orders. As they point out in this case the law clerk has been granted “unprecedented and inappropriate latitude.”
This is not the first time that Trump’s counsel has expressed concerns about the relationship between Engoron and the clerk, and a limited gag order was previously placed to restrict them from making public comments about any of the judge’s staff.
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