The New York judge presiding over Donald Trump’s fraud trial put the former US president on the witness stand on Wednesday to answer for his out-of-court commentary – finding he wasn’t credible within minutes and fining him US$10,000.
The stunning development came after Judge Arthur Engoron learned Trump had potentially violated an order not to comment on his court staff, days after fining him US$5,000 for doing so on Friday.
Trump’s lawyers said he had been talking about Michael Cohen outside the courtroom Wednesday morning when he decried the “very partisan” person sitting “alongside the judge,” as Engoron’s law clerk does. After the lunch break, the judge said he wanted to question Trump himself.
“I’m going to hold a hearing right now about that,” Engoron said.
As he took his seat in the witness box, the former president identified himself as “Donald John Trump, New York, Trump Organization”.
Engoron then asked Trump who he had been referring to, and Trump said, “You and Cohen.”
After answering several more questions on the topic, Trump denied that he only ever calls Michael Cohen by his name and returned to his seat at the defence table.
“As a trier of fact, I find that the witness is not credible,” Engoron said, noting his clerk was “sitting much closer to me”.
Trump fined US$5,000 after violating New York judge’s gag order
Trump fined US$5,000 after violating New York judge’s gag order
He fined Trump US$10,000 over strenuous objections from Trump’s lawyers.
Shortly after, Trump stormed out of the courtroom with his entourage after Engoron denied a request from his lawyers for a directed verdict, which would end the case.
Earlier in the morning, Engoron discovered Trump had potentially violated the limited gag order in place for the second time, with the incredulous judge telling the former president to his face that he didn’t “want anyone killed”.
After a brief break during former Trump lawyer Cohen’s cross-examination, Engoron said he had learned of Trump’s comments outside the courtroom that apparently referenced his principal law clerk just days after facing sanctions.
“I don’t want anyone killed,” Engoron sombrely said, then quoted Trump’s words in a report in Associated Press.
“This judge is a very partisan judge with a person who is very partisan sitting alongside him, perhaps even much more than he is,” Trump said.
Engoron on Friday asked Trump’s lawyers why he shouldn’t jail him or impose other severe sanctions after learning an incendiary Truth Social post featuring inaccurate and identifying information about his clerk had remained on Trump’s campaign website 17 days after he ordered it deleted.
Engoron barred all involved in the case from commenting on his court staff after Trump shared it online during the trial’s first week.
Woman arrested after trying to get close to Trump at New York fraud trial
Woman arrested after trying to get close to Trump at New York fraud trial
Posing the same question again Wednesday – this time with Trump in the room – Engoron asked why “should there not be severe sanctions for this blatant, dangerous disobeyal of a clear court order?
“This recent statement, assuming The Associated Press is correct, obviously was intentional,” he said. “The person sitting alongside me … is my principal law clerk,” Engoron said.
Trump’s lawyer, Chris Kise, said his client had been referring to Cohen – who is sitting below the bench in the witness box, to the left of Engoron and his clerk.
“I have asked him … That’s exactly what he said,” Kise insisted. “He’s tired of listening to what he’s hearing, and it’s very hard.”
Engoron said he would take the matter under advisement and rule later.