11 January 2024

Judge says he will decide Trump civil penalties by 31 January - report

Trump walked out of the courtroom after excoriating New York attorney general and judge for the civil fraud accusations against him

 8m ago

Judge says he will decide Trump civil penalties by 31 January - report

Judge Arthur Engoron just said he will aim to release his decision in Donald Trump’s civil fraud trial by the end of the month, MSNBC reports:

The New York attorney general, Letitia James, wants the former president to pay $370m and be banned from the real estate industry for life, among other penalties, for fraudulently inflating the value of his assets to secure better financial terms.

Judge Arthur Engoron, former President Donald Trump, New York attorney general Letitia James.
Judge Arthur Engoron, former president Donald Trump, the New York attorney general, Letitia James. Composite: Getty Images, EPA, AP
From 4h ago

Trump leaves courtroom after accusing judge, attorney general of bias - report

Donald Trump walked out of the courtroom after excoriating both New York attorney general Letitia James and Judge Arthur Engoron for the civil fraud accusations against him, MSNBC reports:

Engoron pleads with Kise, “Mr. Kise, please control your client.” Trump nonetheless accuses James of going after him for her political gain, including an allegedly “failed” run for Governor, at which point Engoron shuts it down.

— Lisa Rubin (@lawofruby) January 11, 2024

But it’s too late. Everything Trump wanted to say was said. And now, having said it, he has left the courtroom after insisting James should pay him for the havoc she’s wreaked on his company.

— Lisa Rubin (@lawofruby) January 11, 2024

Per reporters in the courtroom, closing arguments in Donald Trump’s civil trial have now concluded.

Attorneys for both parties are leaving the room, and Judge Arthur Engoron says he intends to release his decision by the end of the month.

Judge says he will decide Trump civil penalties by 31 January - report

Judge Arthur Engoron just said he will aim to release his decision in Donald Trump’s civil fraud trial by the end of the month, MSNBC reports:

Engoron: I will do my best to issue my opinion by Jan. 31 and am “reasonably confident that I will be able to do so.”

— Lisa Rubin (@lawofruby) January 11, 2024

The New York attorney general, Letitia James, wants the former president to pay $370m and be banned from the real estate industry for life, among other penalties, for fraudulently inflating the value of his assets to secure better financial terms.

In a different courtroom on the other side of the country, Hunter Biden just entered a plea of not guilty to federal tax charges that were recently leveled against him.

Here’s more on that, from the Associated Press:President Joe Biden’s son pleaded not guilty Thursday to federal tax charges filed after the collapse of a plea deal that could have spared him the spectacle of a criminal trial during the 2024 campaign.

Hunter Biden has been accused of nine felony and misdemeanor tax offenses. The charges stem from what federal prosecutors say was a four-year scheme to skip out on paying the $1.4 million he owed to the IRS and instead use the money to fund an extravagant lifestyle that by his own admission included drugs and alcohol.

“We’re here today because you’ve been accused by the United States of a criminal offense,” Judge Mark Scarsi said to Biden, who entered the not guilty plea himself.

The judge set a tentative trial date of June 20 during the half-hour-long hearing.

Meanwhile, Hunter Biden has also been charged in Delaware with lying in October 2018 on a federal form for gun purchasers when he swore he wasn’t using or addicted to illegal drugs. He was addicted to crack cocaine at the time. He’s also accused of possessing the gun illegally and has pleaded not guilty in that case.

The accusations all come from a yearslong federal investigation into Hunter Biden’s tax and business dealings that had been expected to wind down over the summer with a plea deal in which he would have gotten two years’ probation after pleading guilty to misdemeanor tax charges. He also would have avoided prosecution on the gun charge if he stayed out of trouble.

From July, here’s the Guardian’s Joan E Greve with an explainer on how a deal with prosecutors for Biden to avoid going to trial on the allegations suddenly collapsed:

New York prosecutors again demand $370m penalty against Trump for real estate fraud - report

Prosecutors for the New York attorney general, Letitia James, have reiterated that they would like to see a $370m penalty and lifetime ban from the real estate business for Donald Trump in his civil fraud trial, the Messenger reports:

Summations return to AG's counsel Kevin Wallace one more time to describe the relief the state is requesting, e.g. the ~$370M disgorgement, lifetime NY real estate industry ban, and other injunctions.

— Adam Klasfeld (@KlasfeldReports) January 11, 2024

They said the weighty penalty was necessary because Trump kept breaking the law even after authorities began investigating his business practices:

Wallace notes that the severity of the punishment depends in part on whether it was an isolated incident.

It wasn't; it was pervasive, he answers.

"The conduct continued even while the defendants were under investigation by the Manhattan DA and by our office," he adds.

— Adam Klasfeld (@KlasfeldReports) January 11, 2024
Lauren Aratani
Lauren Aratani

Prosecutors with the New York attorney general’s office are delivering their closing arguments at Donald Trump’s New York fraud trial.

Trump left the building after delivering a bizarre impromptu rant, which was cut off by the judge, who called for a lunch break.

State attorney Kevin Wallace said that Trump’s lawyers relied on expert testimony, rather than witness testimony or documented evidence, to bolster their arguments. At one point, Wallace put up a presentation slide that showed the 11 expert witnesses the defense had called during the trial. He noted that many of the expert witnesses were purposely shown limited evidence, and a handful of them were close allies of Trump.

“They cannot argue that Trump’s triplex was in fact 30,000 sq ft,” Wallace said. “Or that unsold units at Trump Park Avenue weren’t rent stabilized.”

Wallace also argued that the loans the Trump Organization received with the inflated financial statements were “critical to the business” and the business was strapped for cash in the mid-2010s as the company pursued renovation of properties and Trump was running for president.

“They could have cut costs or sell assets, but these interest rates were vital to the operation of the company,” Wallace said, adding that Trump was also able to run for president with the loans bolstering his company. “They didn’t have to choose between their priorities.”

Arguments in Donald Trump’s civil fraud trial have now resumed, MSNBC reports, and will probably conclude soon:

NEW: In the final stretch of their closing argument, the New York AG’s office focuses on Trump’s own intent. He testified he reviewed and approved the final versions of the statements of financial condition and occasionally had comments.

— Lisa Rubin (@lawofruby) January 11, 2024

Hunter Biden is being arraigned in Los Angeles today on federal tax charges recently filed against him. Expect to hear plenty about this from Republicans as Joe Biden’s re-election campaign continues:

Hunter Biden is expected to be arraigned on Thursday on federal tax charges in a Los Angeles courthouse.

Biden, who has a home in Malibu, is expected to plead not guilty to nine tax-related charges that were filed in December. Three of the charges faced by Joe Biden’s son are felony counts, and he could face up to 17 years in prison if found guilty.

“The defendant engaged in a four-year scheme to not pay at least $1.4m in self-assessed federal taxes he owed for tax years 2016 through 2019,” the 56-page indictment said, adding that Biden “spent millions of dollars on an extravagant lifestyle rather than paying his tax bills”.

Hunter Biden is expected to plead not guilty.

Back at Donald Trump’s civil fraud trial, his attorney Chris Kise has repeatedly interrupted Kevin Wallace, who is delivering closing arguments on behalf of the New York attorney general, Letitia James.

It appears to be a tactic on Kise’s part. From MSNBC:

Chris Kise just interrupted Wallace, who described the 11 experts as a “murderer’s row,” which Kise screamed was “outrageous.” Engoron is unmoved; Wallace notes Lawrence Moens’s valuation of Mar-a-Lago is only possible if one ignores the legal restrictions on the use of…

— Lisa Rubin (@lawofruby) January 11, 2024

Kise is back on his feet, objecting that there is no evidence to support another of Wallace’s arguments: that the Trump Org. was bleeding cash. “Chris, just stop!” Wallace blurts. Engoron diffuses what could have devolved quickly.

— Lisa Rubin (@lawofruby) January 11, 2024

(What Kise is doing is tactical. He is purposefully trying to break Wallace’s flow—and is doing so with some success.)

— Lisa Rubin (@lawofruby) January 11, 2024

Trump says he 'will go to all of my trials'

Donald Trump has been spending quite a bit of time in court lately, and plans to continue doing so, even though he is also campaigning for president.

In remarks this afternoon, after going on a tirade against the New York attorney general, Letitia James, and Judge Arthur Engoron during the closing arguments of his civil fraud trial and then leaving the courtroom, Trump said he would attend all of his trials in person:

Former President Trump: "I want to go to all of my trials. These are all set up by Biden and the Democrats. This is their new form of cheating." pic.twitter.com/mV7mLJt6qt

— CSPAN (@cspan) January 11, 2024

That is potentially quite a lot of court proceedings. Trump has been indicted four times at the state and federal level, and is also embroiled in multiple civil suits. He will have to balance these legal matters with his quest to win the Republican presidential nomination – which polls show he is the favorite to do – and beat Joe Biden in the November general election.

White House condemns threats against judges after New York bomb scare

White House press secretary Karine Jean-Pierre has condemned a recent wave of threats targeting elected officials and judges.

Her comments at the daily White House press briefing came after a bomb squad was dispatched to the home of judge Arthur Engoron this morning, ahead of the start of the closing arguments in Donald Trump’s civil fraud trial.

“We condemn any violence or threats against any judges … or anyone. … We are going to continue to be steadfast about that,” Jean-Pierre said.

Lawyer for the former president have spent today making Trump’s case before Engoron, who will decide whether Trump will be fined as much as $370m for falsifying financial statements to inflate his net worth.

Ahead of the hearing, police in Nassau county on Long Island said they responded to a security incident at Engoron’s residence at 5.30am. Engoron and his staff have been frequent targets of vitriolic criticism from Trump throughout the case, and his office has been bombarded with death threats.

More on that here:

Prosecutors begin closing arguments in Trump fraud trial - report

New York attorney general Letitia James’s prosecutors have now started delivering their closing arguments in Donald Trump’s civil fraud trial, the Messenger reports:

Lawyer Kevin Wallace is telling the court that the former president’s arguments in his defense were based on facts already known to be invalid. Trump is not in the room, the Messenger says, having left after his unexpected tirade at the conclusion of his side’s closing arguments:

Assistant AG Kevin Wallace kicks off his closing arguments with a Watergate reference:

"What did the defendants know, and when did they know it?"

— Adam Klasfeld (@KlasfeldReports) January 11, 2024

Wallace:

"You certainly did not hear that the numbers the defendants used were accurate."

— Adam Klasfeld (@KlasfeldReports) January 11, 2024

Wallace describes Trump's efforts to shift the blame to accounting firm Mazars as one of the defense's "undead arguments."

— Adam Klasfeld (@KlasfeldReports) January 11, 2024

John Kirby was also questioned on the hospitalization of the US secretary of defense, Lloyd Austin, and why the White House was not informed in a timely manner that the Pentagon chief transferred his authority to his deputy.

On Thursday, the Pentagon’s internal watchdog said a review will be conducted surrounding the secrecy of Austin’s health condition and why the defense department waited days to inform the White House about the transfer of authority.

Austin is still hospitalized. He is being treated for complications from prostate cancer surgery.

Kirby said the lack of communication was a learning opportunity and that it shouldn’t have happened.

Meanwhile, as South Africa formally accuses Israel of committing genocide against Palestinians in the United Nations’ top court, John Kirby, spokesperson for the US national security council, answered questions about the war in Gaza in a White House press briefing.

When asked if the US will accept any penalties or punishments handed down by the international court, Kirby said: “I’m not going to get into hypotheticals here. We’ve made our position clear.” He said the Biden administration sees “no indication Israel is violating laws surrounding armed conflict”.

He was also asked about the timeline of the US’s pleas to Israel to de-escalate the violence in Gaza, to which he responded: “You’ll have to talk to the IDF.”

The Guardian is also running a global live blog on Israel’s war in Gaza and the wider situation in the Middle East, which you can follow here.

The day so far

After hours of closing arguments by his attorneys, Donald Trump went on a surprise tirade in the Manhattan courtroom where his civil fraud trial is being held, accusing Judge Arthur Engoron and the New York attorney general, Letitia Jamesof bias against him. He then left the courtroom, and prosecutors now are expected to deliver their final statements in the case that could see Engoron impose severe penalties on the former president and his co-defendants.

Here’s a look back at the day so far:

Trump leaves courtroom after accusing judge, attorney general of bias - report

Donald Trump walked out of the courtroom after excoriating both New York attorney general Letitia James and Judge Arthur Engoron for the civil fraud accusations against him, MSNBC reports:

Trump goes on — without any interruption from Engoron or her team — and attacks James, accusing her of election interference. “You have your own agenda,” Trump angrily says to Engoron. “You can’t listen for more than one minute!”

— Lisa Rubin (@lawofruby) January 11, 2024

Engoron pleads with Kise, “Mr. Kise, please control your client.” Trump nonetheless accuses James of going after him for her political gain, including an allegedly “failed” run for Governor, at which point Engoron shuts it down.

— Lisa Rubin (@lawofruby) January 11, 2024

But it’s too late. Everything Trump wanted to say was said. And now, having said it, he has left the courtroom after insisting James should pay him for the havoc she’s wreaked on his company.

— Lisa Rubin (@lawofruby) January 11, 2024

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