Former President Trump will not be allowed to make his own closing argument in his New York civil fraud trial after his lawyers refused to guarantee he would stick to matters "relevant" to the case.
A day before scheduled closing arguments, Judge Arthur Engoron told Trump's legal team that the former president will not speak in court.
An email exchange between Engoron and Trump's lawyers posted to the case's docket showed a testy back-and-forth over the types of comments Trump would be allowed to make.
Last week, Trump attorney Chris Kise informed Engoron's principal law clerk that three attorneys and the former president himself intended to give closing remarks. Hours later, a lawyer with the New York attorney general's office staunchly objected.
"Mr. Trump is certainly not permitted to do so as of right," state lawyer Andrew Amer responded in the chain, though acknowledging that the decision was Engoron's to make.
Engoron replied that he would allow Trump to make a closing argument if he promised on the record to "limit his subjects" to what is permissible in a lawyer's closing argument.
"He may not seek to introduce new evidence. He may not 'testify.' He may not comment on irrelevant matters," Engoron wrote in the email. "In particular, and without limitation, he may not deliver a campaign speech, and he may not impugn myself, my staff, plaintiff, plaintiff's staff, or the New York State Court System, none of which is relevant to this case, and all of which, except commenting on my staff, can be done, and is being done, in other forums."
Engoron continued that if Trump violated any rules, he would not hesitate to "cut him off in mid-sentence and admonish him" or end his closing argument, barring him from making future statements in the courtroom.
If Trump violated the gag order Engoron imposed earlier in the trial, which blocked him and his attorneys from making comments about the judge's staff, Engoron said he would direct court officers to "immediately" remove Trump from the courtroom and bar him no less than $50,000.
Kise replied that Trump could not agree to Engoron's proposed conditions, calling them "fraught with ambiguities, creating the substantial likelihood for misinterpretation ... or unintended violation."
Several additional emails between Kise and Engoron followed, including one in which Kise informed the court that Trump's mother-in-law had passed away and requested a delay in closing remarks, which Engoron denied. The judge reiterated that his conditions were unmoving.
"This is very unfair, your honor," Kise said in a Jan. 10 email. "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."
"I won't debate this yet again. Take it or leave it. Now or never," Engoron replied. "You have until noon, seven minutes from now. I WILL NOT GRANT ANY FURTHER EXTENSIONS."
Kise did not reply, prompting Engoron to bar Trump from making a closing argument.
“Is anyone surprised anymore?” Trump attorney and legal spokesperson Alina Habba said in a statement.
The trial judge has butted heads with Trump and his counsel throughout the case. Before the trial even began, Engoron found Trump and his co-defendants liable for fraud, determining that the New York attorney general’s office had proved the crux of its case. New York Attorney General Letitia James (D) sued Trump in 2022, alleging he falsely altered his net worth on key financial statements to receive tax and insurance benefits.
When on the witness stand, Trump lobbed insults at Engoron and the state attorney general, calling them "Trump haters," "frauds" and "political hacks" intent on preventing him from winning a second term in the White House.
Closing remarks are still expected to take place Thursday, with both sides allowed two hours and 15 minutes to make their final presentations to the judge. Engoron, who is overseeing the bench trial without a jury, could decide the case before the end of the month.
Updated at 1:57 p.m.
