Lawyers for former President Donald Trump file an appeal of a judge’s ruling that found him liable for financial fraud. Georgia prosecutor Fani Willis seeks March 4 start-date for election interference trial and Rudy Giuliani files defamation lawsuit against President Joe Biden.
New York financial fraud trial
Trump files appeal of judge’s ruling finding him liable for fraud
Key players: Judge , New York Attorney General
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As the third day of Trump’s New York civil trial got underway Wednesday to determine the penalties the former president, his adult sons and their family business must pay for illegally inflating their assets, Trump’s lawyers filed an appeal of Engoron’s summary judgment ruling, .
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On Sept. 26, Engoron sided with James, ruling that there was “conclusive evidence” Trump had inflated his assets by as much as $2.2 billion in order to obtain favorable bank and insurance rates.
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In their notice of appeal, Trump’s lawyers stated they were contesting “each and every part” of Engoron’s ruling.
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As Wednesday’s court proceedings broke for lunch, Trump again attacked Engoron, saying he “already knows what he’s going to do” in the case and was “run by the Democrats.”
Why it matters: James is seeking at least $250 million in damages from Trump, his sons and their business, as well as an order that would prevent the Trump Organization from conducting business in New York. If the appeal of Engoron’s ruling is successful it could wipe away all of those possible penalties.
Georgia election interference
Willis proposes March 4 start date for Trump’s Georgia trial
Key players: Fulton County District Attorney , Judge , pro-trump lawyers and
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In a court filing Wednesday, Willis proposed a March 4 start date for the sprawling election interference trial of Trump and 16 others, .
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“In light of Defendant Donald John Trump’s other criminal and civil matters pending in the courts of our sister sovereigns, the State of Georgia proposes certain deadlines that do not conflict with these other courts’ already-scheduled hearings and trial dates,” Willis wrote.
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Two of the defendants, Chesebro and Powell, will go on trial on October 23.
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Ultimately, it will be up to McAffee to decide when the Georgia trial will begin.
Why it matters: Trump’s lawyers have sought to push the start of the trial back after the 2024 presidential election. Willis was unsuccessful in her bid to have all of the defendants tried starting on Oct. 23. With two other criminal cases and two civil ones set to take place as the presidential primary gets underway, Trump’s calendar will be incredibly crowded.
As his legal bills mount, Giuliani files defamation lawsuit against Biden
Key players: Former Trump lawyer Rudy Giuliani, President Joe Biden, Giuliani lawyer William O’Brien
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Faced with mounting legal bills stemming from his efforts to help Trump overturn the results of the 2020 presidential election in Georgia and other states, Giuliani has filed a civil defamation lawsuit against Biden, .
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In a 16-page complaint filed in New Hampshire, O’Brien cited remarks Biden made in a 2020 presidential debate with Trump in which he referred to Giuliani as a “Russian pawn,” in a suit that seeks unspecified financial damages.
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“[Trump’s] own national security adviser told him that what is happening with his buddy, Rudy Giuliani, he’s being used as a Russian pawn, he’s being fed information that is Russian, that is not true,” Biden said at the debate.
Why it matters: In addition to the legal bills he is racking up having to defend himself in Georgia, the, and a lawsuit filed by Hunter Biden, Giuliani is being sued by his own former lawyer for $1.36 million in unpaid legal bills.
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Tuesday, Oct. 3
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The judge in the New York financial fraud trial against former President Donald Trump issues a partial gag order on the former president. The judge also clarifies remarks he made Monday about the statute of limitations in the case. Trump, meanwhile, says he will take the witness stand “at the appropriate time.”
New York financial fraud trial
Judge issues gag order after Trump attacks his clerk on social media
Key players: Judge Arthur Engoron
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Engoron told Trump and his lawyers Tuesday that he was issuing a “gag order for all parties from posting about any members of my staff,” after the former president attacked Engoron’s clerk in a social media post, the Associated Press reported.
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“Personal attacks on members on my court staff are unacceptable, inappropriate, and I won’t tolerate it,” Engoron said.
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Before the lunch break on the second day of his financial fraud trial, Trump posted an inaccurate claim made on a satirical website that Engoron’s clerk was Sen. Majority Leader Chuck “Schumer’s girlfriend.”
Why it matters: Trump’s attacks on judges, witnesses and prosecutors have increased calls for gag orders to be placed on him during the legal proceedings. Engoron’s is the first to be issued.
Engoron refutes Trump’s claim that 80% of the charges against him will be thrown out
Key players: Judge Arthur Engoron
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Engoron clarified a remark he made Monday regarding testimony about 2011 financial statements being introduced by prosecutors being a “waste of time,” ABC News reported.
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An appeals court has ruled that 2014 is the end date for the statute of limitations for the financial crimes Trump, his adult sons and family business are accused of committing, and Trump’s lawyers are seeking to have the judge toss out allegations made for anything earlier.
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Lawyers with James’s office, however, are making the case that Trump used inaccurate 2011 financial statements after 2014 to obtain more favorable loan and insurance rates.
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“I trust that you can relate the 2011 documents to something that happened later,” Engoron told prosecutors on Monday. “Or this has all been a waste of time.”
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At the conclusion of Monday’s proceedings, Trump told reporters that Engoron had effectively indicated that the statute of limitations meant he “would kick out 80% of this case.”
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“It was a great credit to the court that the judge was willing to do this sort of overruled himself and I greatly respect that,” Trump said.
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In fact, Trump stripped Engoron’s remarks of their context.
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“Every use of false financial statements in business starts the statute of limitations running again,” Engoron clarified Tuesday. “I understand that the defendants strongly disagree with this and will appeal on those grounds.”
Why it matters: In part, Trump has attended the trial to address the media during breaks to put forth his interpretation of the case against him. As Engoron’s message at the start of the second day indicates, Trump’s declarations should be taken with a grain of salt.
Trump says he will testify ‘at the appropriate time’
Key players: New York Attorney General Letitia James
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During a break in day two of Trump’s $250 million financial fraud trial, the former president was asked if he planned to testify in the case, the Telegraph reported.
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“Yes, I will. At the appropriate time I will be,” Trump responded.
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James has indicated that she plans to call Trump and his adult sons as witnesses, as have Trump’s own lawyers.
Why it matters: Engoron has indicated that the trial will last until the end of December. There is no indication yet when James may call Trump to take the witness stand and whether he will agree to answer questions or simply invoke his Fifth Amendment right to avoid self-incrimination.
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Monday, Oct. 2
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Former President Donald Trump’s civil financial fraud trial gets underway in New York. The U.S. Supreme Court — minus Justice Clarence Thomas, who recused himself — refuses to hear an appeal filed by lawyer John Eastman about shielding emails he sent to Trump. In Georgia, Fulton County District Attorney Fani Willis subpoenas Bernard Kerik to testify in the case against Trump and 18 others.
Jan. 6 election interference
Supreme Court rejects Eastman appeal — and Thomas recuses himself
Key players: Pro-Trump lawyer John Eastman, Supreme Court Justice Clarence Thomas
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On Monday, the United States Supreme Court declined to hear an appeal by Eastman, who sought to block Congress from obtaining 10 emails he sent to Trump about overturning the results of the 2020 election, Reuters reported.
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The emails were handed over to the House committee investigating the riot at the U.S. Capitol, but Eastman’s lawyers argued that they were protected by attorney-client privilege.
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In 2020, U.S. District Court Judge David Carter ruled that the emails were not protected by attorney-client privilege because they were likely used in furtherance of a crime.
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Thomas, for whom Eastman worked as a clerk, recused himself from the case.
Why it matters: Eastman has been charged with multiple felonies related to his efforts to overturn the election results in Georgia and could yet face federal charges. Legal challenges attempting to shield Trump’s communications regarding the 2020 election plot have largely failed. Given the extensive efforts by Thomas’s wife, Ginni, to challenge the election results, this may not be the last case in which he will face calls to recuse himself.
New York financial fraud civil trial
Prosecutors: Trump gained $1B by lying to banks and insurers about the value of his assets
Key players: Prosecution lawyer Kevin Wallace, Trump lawyer Christopher Kise, New York Attorney General Letitia James, Judge Arthur Engoron
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On the first day of the New York trial to decide how much Trump, his adult sons and his business will have to pay in damages after being found liable for years of financial fraud, prosecutors said Trump had gained $1 billion by inflating his assets in order to obtain favorable loans and insurance rates, the Telegraph reported.
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“This isn’t business as usual, and this isn’t how sophisticated parties deal with each other,” Wallace said. “These are not victimless crimes.”
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Kise countered by saying, “There were no unjust profits, and there were no victims.”
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James, Trump and his son Eric all attended the trial. Asked why he had come even though he was not legally required to, Trump quipped, “Because I want to watch this witch hunt myself.”
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Trump also tore into Engoron, calling him a “Democrat operative” and a “disgrace.”
Why it matters: Engoron will alone decide the amount of damages Trump, his sons and business will have to pay for illegally inflating their assets on loan and insurance forms.
Georgia election interference
Willis subpoenas Kerik to testify
Key players: Fulton County DA Fani Willis, former New York Police Commissioner Bernard Kerik, Kerik’s lawyer Tim Parlatore
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Willis has issued a subpoena to Kerik, seeking his testimony in the case against Trump and 18 others accused of attempting to illegally overturn the election results in Georgia, CNN reported.
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Kerik is an unnamed co-conspirator in the case. He took part in meetings with officials from other battleground states that Trump lost in 2020 to devise a strategy for contesting those results.
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In response to Willis, Parlatore said that no “competent criminal attorney would allow Mr. Kerik to testify absent a grant of immunity.”
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Short of being given immunity, Kerik will plead the Fifth Amendment on the witness stand, Parlatore added.
Why it matters: On Friday, bail bondsman Scott Hall became the first defendant in the Georgia case to cut a plea deal with prosecutors. Kerik has not been charged in Georgia, however, so it remains to be seen if Willis will agree to offer him immunity in exchange for his testimony.