Judge says Donald Trump won’t give own closing argument at civil fraud trial after disputing rules

Justice Arthur Engoron. (New York Times via AP, Pool)
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Updated 11 January 2024
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Judge says Donald Trump won’t give own closing argument at civil fraud trial after disputing rules

  • Engoron rejected the request after Trump's lawyers objected to the judge’s insistence that the former president stick to “relevant” matters and “not deliver a campaign speech”
  • Trump indicated he will still attend Thursday’s court proceeding and reiterated his desire to “personally do the closing argument”

NEW YORK: Donald Trump won’t make his own closing argument after all in his New York civil business fraud trial after his lawyers objected to the judge’s insistence that the former president stick to “relevant” matters and “not deliver a campaign speech.”

Judge Arthur Engoron nixed Trump’s unusual plan on Wednesday, a day ahead of closing arguments.
The judge had initially indicated he was open to the idea, saying he’d let Trump speak if he agreed to abide by rules that apply to attorneys’ closing arguments. Among other things, Engoron wanted the former president and current Republican front-runner to promise he wouldn’t assail his adversaries in the case, the judge or others in the court system.
Trump’s legal team said those limitations unfairly muzzled him. When Engoron didn’t hear from them by a Wednesday deadline, the judge told them he assumed Trump was not agreeing to the restrictions and therefore would not be speaking.
“MEAN & NASTY,” Trump wrote of the judge’s decision on his Truth Social platform. Trump indicated he will still attend Thursday’s court proceeding and reiterated his desire to “personally do the closing argument.”
The trial could cost Trump hundreds of millions of dollars in penalties and strip him of his ability to do business in New York. He’s fighting allegations that his net worth was inflated by billions of dollars on financial statements that helped him secure business loans and insurance.
The former president denies any wrongdoing, and he has lambasted the case as a “hoax” and a political attack on him. The judge is a Democrat, as is New York Attorney General Letitia James, who brought the lawsuit.
The trial came after Engoron decided, in a pretrial ruling, that Trump had engaged in fraud for years. The judge ordered at that point that a receiver take control of some of the ex-president’s properties, but an appeals court has put that order on hold.
The trial concerns remaining claims of conspiracy, insurance fraud and falsifying business records. Engoron will decide the verdict.
It’s extremely uncommon for people who have lawyers to give their own closing arguments. But Trump’s lawyers had signaled privately to the judge last week that the ex-president planned to deliver a summation personally, in addition to arguments from his legal team. James’ office objected, saying that the proposal would effectively amount to testimony without cross-examination.
In an email exchange filed in court Wednesday, Engoron initially approved the request, saying he was “inclined to let everyone have his or her say.”
But he said Trump’s remarks would have to stay within the bounds of “commentary on the relevant, material facts that are in evidence, and application of the relevant law to those facts.”
Trump would not be allowed to introduce new evidence, “comment on irrelevant matters” or “deliver a campaign speech” — or impugn the judge, his staff, the attorney general, her lawyers or the court system, the judge wrote.
Trump attorney Christopher Kise responded that those limitations were “fraught with ambiguities, creating the substantial likelihood for misinterpretation or unintended violation.” Engoron said that they were ”reasonable, normal limits” and would allow for comments on the attorney general’s arguments but not personal attacks.
Kise termed the restrictions “very unfair.”
“You are not allowing President Trump, who has been wrongfully demeaned and belittled by an out of control, politically motivated attorney general, to speak about the things that must be spoken about,” the attorney wrote.
“I won’t debate this yet again. Take it or leave it,” the judge shot back, with an all-caps addition saying he wouldn’t push back an already extended and imminent deadline to resolve the matter. The deadline passed without a response from Trump’s lawyers.
Earlier in the exchange, the judge also denied Kise’s request to postpone closing arguments until Jan. 29 because of the death Tuesday of Trump’s mother-in-law, Amalija Knavs. The judge expressed condolences but said he was sticking to the scheduled date, citing the security and logistics required for Trump’s planned visit to court.
Taking on a role usually performed by an attorney is dicey for any defendant, and summations are a last chance to try to show how the evidence from the trial has or hasn’t met legal requirements for proving the case.
A closing argument isn’t constrained to the question-and-answer format of testimony. But “it’s absolutely not a free-for-all,” said Christine Bartholomew, a University at Buffalo School of Law professor who specializes in civil procedure.
“Unless you’re legally trained … the chance of a misstep is really, really high,” she said, adding that it’s “extra-risky” when a judge has already taken issue with a defendant’s conduct during the case.
Trump ran afoul of Engoron after making a disparaging social media post about the judge’s law clerk on the trial’s second day. The post included a false insinuation about the clerk’s personal life.
Engoron then imposed a limited gag order, barring all participants in the trial from commenting publicly about court staffers. The judge later fined Trump a total of $15,000, saying he’d repeatedly violated the order. Trump’s defense team is appealing it.
During the recent email exchange about Trump’s potential summation, Engoron warned Trump’s lawyers that if the former president violated the gag order, he’d be removed from the courtroom and fined at least $50,000.
Trump testified in November, sparring verbally with the judge and state lawyers as he defended himself and his real estate empire. He later considered but ultimately decided against a second round of testimony, explaining that he had “nothing more to say.”
 


Jesse Jackson, civil rights leader and US presidential hopeful dies at 84, family says

Updated 5 min 35 sec ago
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Jesse Jackson, civil rights leader and US presidential hopeful dies at 84, family says

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Jackson was inspirational orator and civil rights champion

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He sought 1984 and 1988 Democratic presidential nomination


Washington: Charismatic US civil rights leader Jesse Jackson, an eloquent Baptist minister raised in the segregated South who became a close associate of Martin Luther King Jr and twice ran for the Democratic presidential nomination, has died at age 84, his family said in a statement on Tuesday.
“Our father was a servant leader — not only to our family, but to the oppressed, the voiceless, and the overlooked around the world,” the Jackson family ​said.
Jackson, an inspirational orator and long-time Chicagoan, was diagnosed with Parkinson’s disease in 2017.
The media-savvy Jackson advocated for the rights of Black Americans and other marginalized communities dating back to the turbulent civil rights movement of the 1960s spearheaded by his mentor King, a Baptist minister and towering social activist.
Jackson weathered a spate of controversies but remained America’s preeminent civil rights figure for decades.
He ran for the Democratic presidential nomination in 1984 and 1988, attracting Black voters and many white liberals in mounting unexpectedly strong campaigns but fell short of becoming the first Black major party White House nominee. Ultimately, he never held elective office.
Jackson founded the Chicago-based civil rights groups Operation PUSH and the National Rainbow Coalition and served as Democratic President Bill Clinton’s special envoy to Africa in the 1990s. Jackson also was instrumental in securing the release of a number of Americans and others held overseas in places including Syria, Cuba, Iraq and Serbia.

MESMERIZING ORATORY
Jackson pursued his political ambitions in the 1980s, relying on his mesmerizing oratory. It was not until fellow Chicagoan Barack Obama’s election as president in 2008 that a Black candidate came ‌as close to ‌securing a major party presidential nomination as Jackson.
In 1984, Jackson won 3.3 million votes in Democratic nominating contests, about 18 percent ​of ‌those cast, ⁠and finished ​third behind ⁠eventual nominee Walter Mondale and Gary Hart in the race for the right to face Republican incumbent Ronald Reagan. His candidacy lost momentum after it became public that Jackson had privately called Jewish people “Hymies” and New York “Hymietown.”
In 1988, Jackson was a more polished and mainstream candidate, coming in a close second in the Democratic race to face Republican George H.W. Bush. Jackson gave eventual Democratic nominee Michael Dukakis a run for his money, winning 11 state primaries and caucuses, including several in the South, and amassing 6.8 million votes in nominating contests, or 29 percent.
Jackson cast himself as a barrier-breaker for people of color, the impoverished and the powerless. He electrified the 1988 Democratic convention with a speech telling his life story and calling on Americans to find common ground.
“America is not a blanket woven from one thread, one color, one cloth,” Jackson told the delegates in Atlanta.
“Wherever you are tonight, you can make it. Hold your head high, stick your chest out. You can ⁠make it. It gets dark sometimes, but the morning comes. Don’t you surrender. Suffering breeds character, character breeds faith. In the end, ‌faith will not disappoint,” Jackson added.
Jackson announced in 2017 at age 76 that he had been diagnosed with Parkinson’s disease, ‌a movement disorder marked by trembling, stiffness and poor balance and coordination, after experiencing symptoms for three years.

SOUTHERN ROOTS
Born ​on Oct. 8, 1941, in Greenville, South Carolina, his mother was a 16-year-old high school ‌student and his father was a 33-year-old married man who lived next door. His mother later married another man who adopted Jackson. He grew up amid the Jim Crow ‌era in the United States, the often brutally enforced web of racist laws and practices born in the South to subjugate Black Americans.
Jackson earned a football scholarship at the University of Illinois, but transferred to a historically Black college because he said he experienced discrimination. He began his civil rights activism while a student at North Carolina Agricultural & Technical College, and was arrested when he sought to enter a “whites-only” public library in South Carolina.
He attended Chicago Theological Seminary and was ordained a Baptist minister in 1968 despite failing to graduate.
Jackson became a lieutenant to civil rights leader Martin Luther King Jr and sometimes traveled with ‌him. On the day King was assassinated by a white man named James Earl Ray on the balcony of the Lorraine Motel in Memphis, Jackson was just a floor below. Jackson infuriated some of King’s other associates when he told reporters he ⁠had cradled the dying King in his arms and ⁠was the last person to whom King spoke, an account they disputed.
King, who headed the Southern Christian Leadership Conference, had installed the energetic Jackson in a leadership role to help create economic opportunities in Black communities.
Jackson later broke with King’s successor at the SCLC, Ralph Abernathy, and set up his own civil rights organization in Chicago, Operation PUSH, in the early 1970s. In 1984, Jackson founded the National Rainbow Coalition, whose broader civil rights mission also included women’s rights and gay rights, and the two organizations merged in 1996. He stepped down as the president of Rainbow-PUSH Coalition in 2023 after more than five decades of leadership and activism.
He met his wife, Jacqueline Brown, during college. They married in 1962 and had five children. His son Jesse Jackson Jr. was elected to the US House of Representatives but resigned and served prison time on a fraud conviction. Jackson also had a daughter out of wedlock in 1999 with a woman who worked at his civil rights groups, which became a scandal.
Jackson was known for personal diplomacy. After he secured the 1984 release by Syria of US naval aviator Robert Goodman Jr., President Ronald Reagan invited Jackson to the White House and expressed gratitude for the “mission of mercy.” Jackson met in 1990 with Iraqi leader Saddam Hussein to gain the release of hundreds of Americans and others after Iraq’s invasion of Kuwait. He won the 1984 release of dozens of Cuban and American prisoners from Cuban jails and the release ​of three US airmen held in Serbia in 1999.
He hosted a weekly show on ​CNN from 1992 to 2000, pressed corporations for Black economic empowerment, and received the highest US civilian honor, the Presidential Medal of Freedom from Clinton in 2000.
Jackson continued his activism later in life, condemning the police killing of George Floyd and other Black Americans in 2020 amid the global racial justice movement.