Trump can’t speak during closing arguments in NY civil fraud trial, judge says

In a letter to attorneys for Trump and the New York attorney general just after noon Wednesday, the judge said that Trump hasn’t agreed to conditions he set should the former president wish to give a statement.

“Not having heard from you by the third extended deadline (noon today), I assume that Mr. Trump will not agree to the reasonable, lawful limits I have imposed as a precondition to giving a closing statement above and beyond those given by his attorneys, and that, therefore, he will not be speaking in court tomorrow,” Engoron wrote.

Email correspondence reveald the parties have been discussing the possibility of Trump participating in the closing arguments since at least last week.

Lawyers for New York Attorney General Letitia James opposed Trump’s plan to speak during the defense closing argument but also acknowledged it was up to the judge’s discretion.

“Allowing Mr. Trump to present closing argument will invite more speeches that will ‘unduly disrupt’ the proceedings,” Andrew Amer wrote in an email last Thursday.

Engoron had indicated that said Trump could only speak in the courtroom with some restrictions, the sources said.

Trump, however, did not want to agree to any pre-conditions as of late Tuesday, one source told CNN, so it’s unclear what will happen in the courtroom Thursday.

Trump and his team have used his court appearances to claim election interference by Joe Biden, paint his legal woes as political persecution, and draw media attention away from his Republican rivals who have struggled to chip away at his significant lead in the polls.

The closing arguments are coming two days after Trump’s lackluster appearance in a Washington, DC, courtroom yielded less fanfare than the former president has grown accustomed to while dropping in and out of the courthouse in New York.

Trump appeared on Tuesday at the US Court of Appeals for oral arguments over his presidential immunity claims. While Trump can choose to attend the proceedings, his appearance also was meant to be a distraction from his GOP rivals six days ahead of the Iowa caucuses.

Trump’s advisers had warned him that the federal courthouse would not give him an opportunity to seize the spotlight. He stayed at his private club in Virginia, traveled by motorcade to Washington, where there was no aerial coverage because of flight restrictions in the nation’s capital, drove into a garage and entered the courtroom with no cameras or microphones.

While Trump insisted on attending the hearing, he decided to hold a last-minute press event afterward, causing US Secret Service and his team to scramble for him to deliver remarks at the Waldorf Astoria Hotel.

“It’s not like we want him to be going to court. We didn’t ask for that. But we’re playing the hand we’ve been dealt,” one senior adviser told CNN.

But last month, Trump and his lawyers insisted that Trump would be called to testify as the final witness in the New York civil fraud case, only to reverse course. And last spring, Trump told reporters in Ireland that he was leaving his trip and would “probably attend” the civil trial over E. Jean Carroll’s rape allegation in New York to “confront” the allegations. He did not attend.

Trump is not facing criminal charges in the civil fraud case, but the claims against the former president hit him personally, as the New York attorney general is seeking $370 million in damages and to bar Trump from doing business in the state.

The attorney general’s complaint alleges that Trump, his two adult sons and his company defrauded banks and insurance companies by inflating the value of the former president’s assets in order to obtain more favorable rates. Engoron has already ruled that Trump was liable for fraud; the judge is now considering damages and six additional claims in the bench trial.

Trump has clashed repeatedly with Engoron throughout the 11-week trial. The judge put a gag order in place barring comments about his staff the opening week of the trial after Trump posted attacks on social media about the judge’s clerk. Engoron fined Trump twice for violating the gag order – including hauling him onto the witness stand to answer questions about comments he made outside the courtroom when he complained about the “a person who is very partisan sitting alongside” the judge.

No live TV for closing arguments

Meanwhile, Engoron has denied a coalition of media organization’s request to televise the closing arguments.

In an order emailed to the parties Wednesday, Engoron wrote, “I hereby deny your application to stream the proceedings live. Although I (and I hope others) consider myself a strong believer in press access and a transparency, this particular case has, as I’m sure you are aware, presented very serious safety issues.”

Cameras will still be allowed to take video and photos of Trump and the attorneys before closing arguments begin. They will also still be permitted in the hallways where Trump frequently addresses the media to criticize the judge, the New York attorney general and President Joe Biden.

CNN’s Kara Scannell and Jeremy Herb contributed to this report.

This story and headline have been updated with additional developments.

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