November 13, 2023

"With his own lawyers questioning him, [Donald Trump Jr.'s] testimony adopted a rhapsodic tone that aimed to create a parallel universe..."

"... from the one that operated in the previous six weeks of the trial, when the attorney general’s office laid out its case. Whereas [Letitia] James’s office presented spreadsheets, emails and financial statements, Mr. Trump’s lawyers showed him dozens of pictures of luxury properties, and he opined about them lovingly and at length....  The judge who will decide the nonjury case, Arthur F. Engoron, has often been impatient with the Trumps and their lawyers.... But on Monday, Justice Engoron brushed aside objections from state lawyers to Mr. Trump’s testimony, saying, 'Let him go ahead and talk about how great the Trump Organization is.' Mr. Trump began at the beginning, describing his great-grandfather developing hotels in the Yukon during the gold rush.... ... Justice Engoron was patient and seemed to find something of a rapport with Mr. Trump. Several times, Mr. Trump turned his head and body toward the judge and spoke directly to him, often prompting the judge to smile...."

Hmm. That smiling. Is the judge falling (a little) in love with Trump or is the judge getting off on the prospect of depriving this man of his New York properties?

38 comments:

Dave Begley said...

Two movies on one screen.

rehajm said...

Those parallel universes? The one Trump is in is the real one. The other one- the world of 'objective' valuation methods, where tax assessment equals market value, that distorted leftie universe is the same universe where Liz Warren lives and GE doesn't pay taxes.

...and I don't like it when the crap is diligently repeated.

Joe Smith said...

The 'judge' is a piece of work.

Is he nude underneath the robe?

Static Ping said...

Unless you are trained for it, trying to read corrupt people is difficult. They do not act like normal people, and are often eccentric. Furthermore, they are often psychopaths who do not have normal motivations and/or ethics, and often are trying to simulate normal people to varying degrees of success. The judge and the D.A. are both as corrupt as they come.

Good luck.

Quayle said...

"...aimed to create a parallel universe..."

Boy, that sounds really nefarious - really bad. Until you think for one second and realize that all trials - all of them - have exactly the same thing going on.

Rabel said...

"Is the judge falling (a little) in love with Trump..."

Trump, Jr.

"Let him go ahead and talk about how great the Trump Organization is."

That was snark. Shouldn't the judge in a bench trial be exceptionally neutral?

Spiros said...

Deutsche Bank obviously made an independent valuation on Trump’s properties. Deutsche Bank is "sophisticated" in a way no human being ever could be. And there were no defaults on these loans.

But even if Trump defaulted, Deutsche Bank would not be able to plead and prove fraud. So what the hell is going on?

Breezy said...

Don Jr following the Trump-Kim playbook: Be friendly with your enemy to gain leverage in order to disarm them. Maybe?

Michael K said...

I certainly would not trust that judge. He was showing the TV cameras his "best" side even before the trial.

Jake said...

If I was a betting man it seems this judge doesn't care about anything including whether his decision - which appears foregone - gets appealed. I speak from near complete ignorance as I've not paid close attention to this (or any of Trump's pending cases) in a degree of detail necessary to opine with authority of any kind.

Leland said...

I suspect the Judge realized he might make it too easy for Trump to win an appeal, and he wants to make it much harder for that to happen (if it wasn't already likely to be hard enough in the State of New York).

As for parallel universe, isn't that how most court cases go? Each party has an opinion of the facts that parallel each other. The Scott Adams' "two movies, one screen" concept.

Patrick said...

In reading about the trial, the Judge is most definitely not falling in love with Trump. He's allowing Trump to admit most of what he wants (in his case in chief, but not during cross of Government witnesses) so he can give the evidence the weight he thinks it merits. That way he can only be reversed if the Court of Appeals finds he abused his discretion. He is essentially trying to insulate the decision he knows he is going to make from being overturned.

Aggie said...

"Hmm. That smiling. Is the judge falling (a little) in love with Trump or is the judge getting off on the prospect of depriving this man of his New York properties?" Just think of how aptly the judge fits the profile of a certain kind of Ayn Rand character, and you will find your answer.

Jupiter said...

I assume the defense is establishing a record for appeal. God only knows what the judge is doing. That's why they wear those robes.

FullMoon said...

The judge has made up his mind to be a hero to his peer group. After screwing Trump, will become a fixture on CNN and MSNBC.
Not to mention the book deal with a front of a couple million.

boatbuilder said...

Patrick at 5:23 is correct. If the judge didn't allow Trump to present the evidence Trump wants to present, there is a greater likelihood of reversal. If he allows it and determines that it is less convincing to him than the government's evidence, that is legally his prerogative as the trier of fact. (He has already made that determination, but if you don't understand the concept of "legal fiction" you have never really practiced law).

Howard said...

It seems like many people of all stripes are mesmerized by this carnival sideshow.

bobby said...

In an appeal, questions of law are fair game for the appellate court, but factual rulings are very much protected - left to the discretion of the fact-finder.

Unless the fact-finder can be shown to be biased.

I think the judge will now bend over backwards to not appear biased, in order to preserve his factual findings on appeal.

Yeah, that comment was pure snark. But on a transcript, there's no (snark) html code. So, he's not "exhibiting bias."

He's the kind of person who ought never be allowed near a bench. Corrupt, but smart enough to disguise his corruption.

tim maguire said...

Spiros said...Deutsche Bank obviously made an independent valuation on Trump’s properties.

Presumably, at some point team Trump will put accountants on the stand to explain how banks value properties. You would think the prosecution would have done that if it would have helped their case. I’m not following the trial. Did they?

Michael said...

Total waste of time. Judge clearly has decided against Trump and will be reversed. Fraud without a defrauded. Real estate lenders making non recourse loans pay zero attention to a borrowers estimates of value since they are stuck with the asset in the event of default. Shocking on many levels.

Money Manger said...

The Deutsche Bank bankers know that the charges are a complete joke. The idea that they would base their loan underwriting on Trump’s self assessment is professionally insulting. They would normally be willing to testify as such. But DB remains under severe regulatory scrutiny from the Fed and the SEC (for unrelated issues) and are looking to control the ultimate damage. Crossing the government in its case against Trump would be, from a business perspective, very unwise.

Iman said...

Judge Agramoron falling in love?

That’s precious…

Iman said...

You pluckin’ dat chicken again, Howard?

Law Prof said...

I mean, couldn't it be something else: smiling like a polite person would, especially when you are wanting to encourage a person to keep talking? Maybe the judge is simply trying his best to let the Trumps have their say as part of the defense's case without hating or falling in love with them. Why is Ann's cold neutrality unavailable for others, who must secretly love or hate? Why do they lack the ability to be neutral--at least when doing nothing other than smiling?

traditionalguy said...

Appraised FMV is done many ways, one is comparable sales, but Manhattan commercial real estate is a world all of its own.

The borrower pays for a banks appraisal. Then the owner has a right to have his opinion on the FMV as if he knows more than strangers.

But the ONLY way these loan collaterals are valued is by the Banks belief in the Developers business skill set. And that damn Trump is always right.ITS NOT FAIR.

But there is no fraud here except by a kangaroo court total fraud.

Yancey Ward said...

"You pluckin’ dat chicken again, Howard?"

You misspelled "fuckin'".

Mutaman said...

Static Ping said...

"The judge and the D.A. are both as corrupt as they come."

If so why didn't Trump demand a jury trial? because he's incompetent, that's why.

gadfly said...

Hmm. That smiling. Is the judge falling (a little) in love with Trump or is the judge getting off on the prospect of depriving this man of his New York properties?

The Trump family has been tried and convicted of fraud. The court is considering the amount of disgorgement to be assessed as a result of the fraud.

The Trump lawyers should be disbarred for a defense designed by TFG to piss off Trump supporters for political reasons only because the documented evidence is insurmountable. Could it be that Trump's #1 failson is cracking bad jokes again and the judge is being polite?

gadfly said...

Money Manger said...
The Deutsche Bank bankers know that the charges are a complete joke,

So how many bankers, German or otherwise, will be on the witness stand supporting Trump's honesty? "It's still crazy after all these years" is not an argument that will convince the judge.

BUMBLE BEE said...

I remember the judge's smirk from the "Little Rascals". The character's name was "Woim".

BUMBLE BEE said...

Hey Law Prof, it's called Wisdom. Remain hopeful, it could happen to ya.

iowan2 said...

The Trump family has been tried and convicted of fraud.

Found libel yes. Trial? When did that happen? I don't remember the trial.

Rusty said...

gadfly said...
Money Manger said...
The Deutsche Bank bankers know that the charges are a complete joke,

"So how many bankers, German or otherwise, will be on the witness stand supporting Trump's honesty? "It's still crazy after all these years" is not an argument that will convince the judge."
If you call a banker to the witness stand he won't verify anyones honesty. All they can really comment on is your track record for repayment and the thuroughness of your paperwork. I don't think you understand how banks work.

Iman said...

‘fly… treat the truth as you do a turd: seek it out and adhere to it.

Mike (MJB Wolf) said...

Speaking of confusion: the way this "trial" is being reported (and BTW the manner of "reporting" generally these days makes me think TMZ has somehow taken over every news operation) confuses rather than enlightens me. I know the judge has already accepted the prosecutions case and found Trump guilty of fraud. What I don't understand is whether this is an extension of the fact-finding portion or whether this is the penalty phase, and trying to dig deeper into the reporting has not clarified that point. (At least I know that indeed the bankers have already testified that they were repaid in full and on time.)

I was under the strong impression that this was the penalty phase. But most recent reports I've seen suggest that the judge is taking in this testimony, and we are in the defense portion, so as to find whether there are additional supporting crimes he can find Trump guilty of prior to sentencing. Which would mean we are still in the fact-finding and not the penalty phase.

Does anyone here have a firm grasp of that specific point?

Robert Cook said...

"Unless you are trained for it, trying to read corrupt people is difficult. They do not act like normal people, and are often eccentric. Furthermore, they are often psychopaths who do not have normal motivations and/or ethics, and often are trying to simulate normal people to varying degrees of success. The judge and the D.A. are both as corrupt as they come."

Funny. Up until your last sentence, you were perfectly describing Donald Trump.

Just an old country lawyer said...

As I understand the term "legal fiction" it's a convenient lie that only a lawyer could believe.

Michael K said...

Funny. Up until your last sentence, you were perfectly describing Donald Trump.

Cook is hostile to the free enterprise system, root and branch. China and the "ghost cities" of Socialism are his preference.