Former President Donald Trump’s lawyers are set to ask a New York judge on Thursday for a directed verdict in the civil case against the Trump family and their business empire, arguing New York Attorney General Letitia James failed to make a sufficient case before resting.
Trump attorney Alina Habba confirmed the defense would leverage the mechanism, which allows defense attorneys to seek a victory in the case if the other side fails to prove their case under a preponderance burden — meaning the evidence shows that claims in a lawsuit are more likely true than not.
“The attorney general rested their case, and it’s very clear that they have failed to prove the essential elements of the case,” Ms. Habba told reporters Wednesday.
Ms. James says Mr. Trump, his sons and the Trump Organization submitted fraudulent financial statements for years to gain favorable terms on loans and insurance. She is seeking hundreds of millions of dollars in fines and wants to bar the Trumps from doing business in New York.
Ms. James and her team finished their presentation of witnesses and evidence during questioning of Mr. Trump’s daughter, Ivanka Trump.
Ms. Trump said she was not involved in preparing the statements of financial condition at the heart of the case and that it was hard to recall the particulars of major deals made a decade ago.
Ms. Trump is not named in the lawsuit, though her brothers, Donald Trump Jr. and Eric Trump, are targeted alongside their famous father, who is leading the GOP field in the 2024 campaign for president.
Ms. James, a Democrat, said she is confident in her case.
Before the trial, Judge Arthur Engoron ruled in favor of Ms. James on one of her claims. The trial is examining other claims and possible penalties.
“The judge has already ruled that Donald Trump committed repeated and persistent fraud, and now it’s Trump’s turn to try to defend that fraud,” Ms. James said. “I am confident that we will prevail because the facts don’t lie.”
Ms. Habba said anyone who’s been following the case can see faults in it. She pointed to inconsistent testimony from Michael Cohen, who is Mr. Trump’s lawyer-turned-accuser, and said he should be investigated for perjury.
“He’s been inconsistent, it’s been proven and frankly he needs to be prosecuted for it,” Ms. Habba said. “They relied on Michael Cohen. I don’t care what side of the fence you are on in politics, you can’t rely on Michael Cohen.”
Ms. Habba also said there should be a review of “how much money was wasted by New York on a fake, phony case.”
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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