As this fraud case in New York brought by Attorney General Letitia James has played out, it has become quite apparent that Judge Engoron has made his mind up already about the case, all but saying that during the trial.
Trump's legal team is now filing for a mistrial on that front, claiming the trial has been "tainted" and there is "overwhelming" bias on the part of the judge.
The bias against Trump started right out of the gate when Engoron issued a partial summary judgment before the trial started to revoke Donald Trump's business license.
This was an unprecedented move considering the nature of the case and the fact he had not even heard a single word from the Defense at that point.
This continued with the valuations of Mar-a-Lago and other Trump properties, which were clearly lowballed.
For instance, there are properties in the same county as Mar-a-Lago that are one-tenth the size and selling for $60 million, while the top valuation for Mar-a-Lago came in under $30 million.
More recently, Engoron hinted that his mind had already been made up even before the Defense called its expert witnesses.
At one point, Engoron stated:
"I don't want a retrial of this case. I don't want to be reversed."
Clearly, he is going through the motions at this point, just waiting for the Defense to wrap up its case and hear closing arguments so he can deliver the verdict in favor of the plaintiff.
After Michael Cohen testified, the Trump legal team filed to have the trial ended due to conflicting testimony, which, of course, was denied.
Not to be deterred, Trump's attorneys are now filing for a mistrial, putting forth the motion on Wednesday.
In part, the filing stated:
"In this case, the evidence of apparent and actual bias is tangible and overwhelming.
"Such evidence, coupled with an unprecedented departure from standard judicial procedure, has tainted these proceedings and a mistrial is warranted."
The filing also cites articles Engoron sent to the Wheatley School alumni newsletter. It mentions this happened at least eight times before the trial started.
The motion claims that the articles were:
"…disparaging parties and counsel, including Eric Trump, President Trump, Ms. Habba … and covering his own decisions, in derogation."
Engoron's clerk is also mentioned, citing that she has been given "unprecedented status and input" in the case. Engoron defended her input by saying he values her counsel during trials.
Letitia James responded to the filing:
"Once again, Donald Trump is trying 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. He can keep trying to distract from his fraud, but the truth always comes out."
I have stated all along that this trail was ripe for a mistrial or appellate win.
It was shocking to see Engoron issue the partial summary judgment, but when valuations for Trump's properties were accepted without question, it became pretty clear to me that Trump had grounds for either.
I have always thought that Trump would get crushed in the original trial but more than likely win this case on appeal or be granted a new trial.
While I doubt this motion will be granted, he clearly has recourse in a case where I believe the judge made up his mind long before anyone walked into his courtroom.
