- The Washington Times - Wednesday, January 10, 2024

A New York judge on Wednesday walked back his decision to let former President Donald Trump deliver part of the closing argument in his civil trial, blaming defense attorneys for failing to agree to any limits on what the ex-president could say.

Judge Arthur Engoron, writing in a memo to Mr. Trump’s attorneys, said he was rescinding his decision to let Mr. Trump speak after the defense refused to agree to certain guardrails.

“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,” he wrote.

Earlier this week, the judge said he was inclined to let Mr. Trump have his say at the end of a weekslong trial that accuses the Trump Organization of submitting fraudulent financial statements to gain favorable terms on loans and insurance.

But the judge said Mr. Trump would have to limit his remarks to the boundaries that cover attorneys’ closing arguments: “commentary on the relevant, material facts that are in evidence, and application of the relevant law to those facts.”

He would not be allowed to introduce new evidence, “comment on irrelevant matters” or “deliver a campaign speech” — or impugn the judge, his staff, the attorney general, her lawyers or the court system, the judge wrote.


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Trump attorney Christopher Kise responded that those limitations were “fraught with ambiguities, creating the substantial likelihood for misinterpretation or an unintended violation.”

Judge Engoron said that they were ”reasonable, normal limits” and would allow for comments on the attorney general’s arguments but not personal attacks.

Mr. Kise termed the restrictions “very unfair.”

“You are not allowing President Trump, who has been wrongfully demeaned and belittled by an out of control, politically motivated attorney general, to speak about the things that must be spoken about,” the attorney wrote.

“I won’t debate this yet again. Take it or leave it,” the judge shot back, with an all-caps addition: “I will not grant any further extensions.”

Judge Engoron denied the request after he didn’t hear back from Mr. Trump’s attorneys. The email exchange was entered into the court record for appeal purposes.

The judge is set to rule in the case within weeks.

New York Attorney General Letitia James, a Democrat, seeks more than $350 million in damages and wants to disqualify the Trumps from doing business in New York.

Mr. Trump says he followed normal real estate practices and that banks were happy to lend money to him.

• This story is based in part on wire reports.

• Tom Howell Jr. can be reached at thowell@washingtontimes.com.

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