Trump Legal Team Seeks Judge Arthur Engoron's Recusal Over Unethical Discussion With Attorney Concerning Trump Case

 June 20, 2024

Attorneys for former President Donald Trump have filed for the recusal of Judge Arthur Engoron from a civil fraud case, citing a controversial conversation with a lawyer.

Just The News reported that Trump's legal team has moved to have Judge Arthur Engoron recused from overseeing a pivotal civil fraud trial. This request, made on Thursday, stems from what Trump's attorneys describe as an unethical conversation between Judge Engoron and attorney Adam Leitman Bailey.

The case that has embroiled Trump, resulting in a ruling against him this past February, commanded a staggering penalty of $355 million plus interest.

This ruling was a consequence of the civil fraud allegations put forward by New York Attorney General Letitia James, marking a critical juncture in Trump's post-presidential legal battles.

Judge Engoron's Alleged Ethical Breach

The crux of the motion for recusal, as delineated in a comprehensive 24-page document by Trump's attorneys Alina Habba and Clifford Robert, centers around a clandestine discussion that reportedly occurred between Judge Engoron and Bailey.

This exchange reportedly took place in February at the courthouse, proximal to the time when Engoron was deliberating his decision in Trump's case.

Details emerging from reports by NBC-4 and The Hill highlighted that while Bailey did not explicitly mention Trump by name during their conversation, the discussion pertained to the ongoing case. This has raised questions about the impartiality of the judicial process, a cornerstone of the legal system.

In response to the allegations, a spokesperson for New York State's Office of Court Administration asserted that the conversation between Judge Engoron and Bailey did not sway the judge's decision.

However, this assurance has not quelled the controversy, prompting the New York State Commission on Judicial Conduct to initiate an investigation into potential ethical violations.

The investigation focuses on whether Judge Engoron improperly accepted and failed to disclose what could be construed as expert advice from Bailey. Such actions, if proven true, might contravene judicial conduct codes that are designed to maintain the integrity and impartiality of the judiciary.

Legal and Ethical Implications of the Conversation

Trump's legal team has strongly criticized Engoron's conduct, suggesting that the undisclosed conversation reflects months of "obfuscation" and casts doubts on his ability to serve impartially.

“The New York Code of Judicial Judicial Conduct exists to ensure that litigants are afforded a fair and impartial trial," attorney Alina Habba stated, underscoring the perceived breach of ethical standards.

In her motion, Habba articulated grave concerns about the integrity of the judicial process, invoking the principles that judges are expected to uphold. "Allegations have surfaced revealing this Court may have engaged in actions fundamentally incompatible with the responsibilities attendant to donning the black robe and sitting in judgment," Habba wrote.

This incident illuminates the delicate balance judges must maintain in avoiding even the appearance of impropriety. Adam Leitman Bailey, in his comments to NBC New York, recounted the casual nature of their meeting, emphasizing his desire to ensure the judge "got it right" by sharing his perspectives.

“As judges, the community's respect for the judiciary hinges on our ability to remain above the fray of personal or external influences,” Habba further emphasized in a statement, advocating for Engoron's immediate recusal to preserve the fairness of the trial.

Conclusion and Future Outlook

This episode not only questions the ethical boundaries in judicial interactions but also has broader implications for public trust in legal adjudications.

As the investigation unfolds and the legal community closely watches, the resolution of this motion for recusal will likely have lasting impacts on how judges engage with the legal community and maintain their impartiality in highly charged cases.

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