NEW: Chris Kise asks for permission to have Trump speak. Engoron, “Do you promise to just comment on the facts and the law?” Trump starts talking immediately without agreeing.
“This was a political witch hunt; we should receive damages for what they have taken our company through. They have no documents—they have nothing!” The only thing they have, Trump concedes, is the triplex, which was a mistake.
“I am not sure the dollar amount would have been that far off, if you want to know!” But Trump continues, “I am an innocent man. I have been politically persecuted. . . . This statute is vicious.”
“What has happened here is a fraud on ME. . . . The amount of taxes I have paid over this period is close to $300 million. They don’t want me here anymore. I have a problem; they want to make sure I don’t run again.”
Trump goes on — without any interruption from Engoron or her team — and attacks James, accusing her of election interference. “You have your own agenda,” Trump angrily says to Engoron. “You can’t listen for more than one minute!”
Engoron pleads with Kise, “Mr. Kise, please control your client.” Trump nonetheless accuses James of going after him for her political gain, including an allegedly “failed” run for Governor, at which point Engoron shuts it down.
But it’s too late. Everything Trump wanted to say was said. And now, having said it, he has left the courtroom after insisting James should pay him for the havoc she’s wreaked on his company.
And notably, he answered no questions in the hallway.
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I keep thinking about Judge Engoron's last-minute question to the New York Attorney General's lawyer yesterday: "How would you compare the fraud you are alleging to the Madoff Ponzi Scheme?" 1/
Allotted just a minute to respond, he said what many of us might say: "It's smaller in that there is a smaller amount of people affected, smaller dollar number. But I still think it's significant given the dollar numbers involved & the fact that it involves critical regulated industry." 2/
And he added that Trump & the other defendants used the money they procured to build properties of which they are "very proud," but the lies they told to a bank to "get that much revenue" remain "a very significant issue." 3/
Over the past few months, we've seen how events in one Trump lawsuit can have reverberations in others of those cases. And it's happened again, this time in @ejeancarroll's second defamation trial, which opens Tuesday. 1/
Given Trump's continued defamation of their client and his pledge to attend this next trial, Carroll's team understandably paid close attention to yesterday's closing arguments in the New York Attorney General's civil fraud case. 2/
They noted, as @chrislhayes and I discussed last night, that despite initial tough talk, Judge Arthur Engoron ultimately agreed to reconsider whether to allow Trump to offer some closing words, only to be steamrolled by the man himself. 3/
NEW: The New York AG is detailing what should go into a comprehensive relief order and why they are entitled to it. Notably, the degree of scienter — or intent — is a factor under the legal test they say governs, as is whether the wrongful conduct was an “isolated incident.”
Another factor? Repentance, or the lack thereof, or “whether defendant continues to maintain that his past conduct was blameless.”
Wallace says it’s hard to imagine how someone could be more insistent on their blamelessness—and when someone is saying they did nothing wrong, they’re telling you they’ll do it again.
Amer is devoting a lot of time to showing McConney’s intent in performing several of the valuations at issue. McConney, he argues, understood the time value of money and that future income had to be discounted to present value—but nonetheless treated unbuilt homes as if they could be sold today.
Now we’ve moved on to Weisselberg, who Amer says is the person responsible for tripling the size of Trump’s apartment. The broker testified that Weisselberg denied him the right to see the apartment or the floor plan and that Weisselberg told him “I think it’s around 30k square feet.”
This was no innocent mistake, Amer says. Weisselberg deliberately defrauded Kevin Sneddon and by extension, others involved in the preparation and review of the statements of financial condition.
NEW: Kevin Wallace is about to begin for the Attorney General’s office. He says this is deja vu because all of the arguments have been made before. And the law of the case remains that the statements of financial condition were false and misleading for years.
Each defendant acted knowingly and intentionally. In fact, other than the triplex, they did not characterize any of the valuation discrepancies as a mistake. And they tellingly never asked a single question of Donald Trump, Eric Trump, or Allen Weisselberg.
Only McConney was asked about the statements of financial condition—and he has previously acknowledged engaging in unlawful conduct with Weisselberg.
Alina Habba, prowling the well of the courtroom, said this case started before Tish James was elected, pointing at the Attorney General. Engoron reminds her to stick to the facts, which she says she is trying to do, but that James’s conduct is part of the factual record. 1/
She has not proven her case in the 44 days of this trial, Habba argues. “You’re right, Your Honor, you’re not a pushover,” she agrees. But Michael Cohen thinks you are, and that’s why he lied on the stand, Habba says.
Habba then refocuses on Weisselberg and McConney, who she represents and said the Attorney General used as “pawns” because “they can’t get to the president.”