Trump has denied all wrongdoing, and has accused James, a Democrat, of being politically motivated.
Here is what has happened so far in the trial:
An animated Trump
Trump returned to court Wednesday morning and sat quietly, for the most part, although he expressed more impatience than he did during the previous two days. At one point, when the judge noted that there was no jury — the judge is functioning as the fact-finder in the trial — Trump was heard saying that he would love it if there were one.
Typically, lawsuits brought under the powerful statute that James’ office is using are decided by a judge if they go to trial.
But a comment from Engoron on the first day of the proceedings — when he said that “neither side asked for” a jury — has prompted much commentary about whether Trump’s lawyers should have tried a long-shot bid to get one. (Engoron’s full remarks provided more clarity, as he noted that the nature of James’ lawsuit called for the case to be decided by a judge.)
Trump was also frustrated Wednesday by his inability to hear a witness, his former accountant Donald Bender. When his lawyers complained to the judge about the volume, Trump agreed, spreading his arms in frustration. At another point, appearing fed up, he pointed toward his ear.
Trump vs. James
Trump left the courthouse over the lunch break, criticising James on his way out. He called the trial “rigged” and James corrupt.
“I’d rather be in New Hampshire or South Carolina or Ohio or a lot of other places, but I’m stuck here because I have a corrupt attorney general that communicates with the DOJ in Washington to keep me nice and busy, because I’m leading Biden in the polls by a lot,” Trump said.
James addressed Trump’s comments after the lunch break, calling them “baseless” and “devoid of any facts or any evidence.” She continued: “The Donald Trump show is over. This was nothing more than a political stunt. A fundraising stop.”
As the afternoon wore on, the atmosphere was more relaxed without Trump present. Lawyers, reporters and members of the public moved in and out of the courtroom. In the last half-hour, a woman walked in and sat in the last row. She soon fell asleep.
Engoron is impatient
On Monday and Tuesday, Bender, Trump’s former accountant, testified that it was the responsibility of the Trump Organisation to ensure that statements were in line with generally accepted accounting principles — which they sometimes would not follow.
On cross-examination, Jesus Suarez, Trump’s lawyer, tried to shift the responsibility for the statements to Bender and his former accounting firm, Mazars. Suarez resumed his questioning of Bender on Wednesday.
As the hours passed, Engoron grew visibly impatient with what he said was the repetitiveness of Suarez’s questions. “You’re not allowed to waste time,” he said, telling the parties that Bender was not on trial.
Trump’s lawyers argued that the repetitive questions were necessary because “the devil is in the details.” Eventually, Engoron yelled, “This is ridiculous,” and pounded the bench.
Trump ordered not to comment
On Tuesday, Engoron ordered Trump not to attack, or even comment on, members of the judge’s staff on social media. This admonition came in response to a post by Trump showing a picture of the judge’s clerk, Allison Greenfield, with Senator Chuck Schumer, D-N.Y., the majority leader, and mocking her as “Schumer’s girlfriend.”
“Personal attacks on members of my court staff are unacceptable, inappropriate and I will not tolerate them under any circumstances,” Engoron said. The judge, who is known for keeping a lighthearted atmosphere in his courtroom, spoke gravely when delivering his order.
Engoron clarified that his statement forbade any posts, emails or public remarks about members of his staff. He added that serious sanctions would follow if he were disobeyed, but he did not elaborate further. He did not issue a written order — and a court spokesperson said he did not plan to do so.
Trump took down the offending social media post Tuesday. A copy was still visible on his 2024 campaign website Wednesday.
Engoronisms
When he is not issuing stern warnings to Trump, Engoron is otherwise known for making wisecracks and maintaining a cheery atmosphere.
On Day Three of the trial, he addressed Trump after photographers snapped the former president’s picture at the defence table: “They do this every day — and you look the same.”
In the afternoon, he wished Kevin Wallace, a lawyer with the attorney general’s office, a happy birthday. He then turned to the courtroom and asked if it was anyone else’s birthday, indicating he didn’t want others to feel left out.
This article originally appeared in The New York Times.
Written by: Kate Christobek and Jonah E. Bromwich
Photographs by: Jeenah Moon
©2023 THE NEW YORK TIMES
