The New York judge who will determine whether former President Donald Trump committed fraud in real estate transactions wants to know if former Trump Organization chief financial officer Allen Weisselberg committed perjury during the trial.
Judge Arthur Engoron circulated an email to lawyers citing a New York Times story that says Mr. Weisselberg is in plea talks with District Attorney Alvin Bragg for allegedly lying on the witness stand in October.
Judge Engoron said it is important that he understand the nature of Mr. Weisselberg’s testimony, which focuses on what he knew about the size of Mr. Trump’s apartment, before he issues his ruling.
“As the presiding magistrate, the trier of fact, and the judge of credibility, I of course want to know whether Mr. Weisselberg is now changing his tune, and whether he is admitting he lied under oath in my courtroom at this trial,” the judge wrote in the email, which was posted in the court’s docket.
He told lawyers to respond by the end of Wednesday with anything they know about the Weisselberg matter, so long as it does not violate their professional ethics or obligations.
“I would also appreciate knowing how you think I should address this matter, if at all, including the timing of the final decision,” the judge wrote.
Judge Engoron is considering whether Mr. Trump submitted false financial statements to gain favorable terms on loans and insurance.
New York Attorney General Letitia James said the Trump Organization did this for years and should pay $370 million. She also wants to bar the Trump family from doing business in New York.
Mr. Trump says he followed normal real estate practices and lenders were happy to do business with him.
Judge Engoron was expected to rule in the case by the end of January, but the Weisselberg matter appears to be the main sticking point.
Mr. Weisselberg attempted to explain at the trial why Mr. Trump’s Fifth Avenue apartment was listed on statements of financial condition as 30,000 square feet when it was less than 11,000 square feet.
“It was almost de minimis relative to his net worth, so I didn’t really focus on it,” Mr. Weisselberg testified. “I never even thought about the apartment.”
Forbes magazine, however, said Mr. Weisselberg had tried to convince the magazine that the apartment was as big as the financial statements stated, indicating he did think about the matter.
“Forbes was right; the triplex was actually only 10,996, right?” a state lawyer pressed him at trial.
“Right,” Mr. Weisselberg said.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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