New York Supreme Court Justice Arthur Engoron on July 26 denied a motion to recuse himself from former President Donald Trump’s civil fraud case after allegations that his final judgment, which included a $454 million fine, was influenced by a third party attorney.
The justice also denied a motion to hold an evidentiary hearing about his encounter with the lawyer. Recusal on the basis of alleged bias and prejudice is left up to the justice’s discretion.
Mr. Bailey has litigated many cases in New York’s midlevel trial court and was a commentator for several media outlets’ ongoing coverage of former President Trump’s trial.
On Feb. 16, Justice Engoron issued his verdict in the trial, finding the former president liable for fraud.
Justice Says Conversation Was Unsolicited
In the order denying the motion to recuse, the justice detailed the “fleeting” encounter he had with Mr. Bailey and denied anything improper occurred.
Justice Engoron wrote that prior to the “90-second incident” in the hallway, he had considered Mr. Bailey “a professional acquaintance and distant friend,” but he was surprised by the “vehement speech” and approach.
“I did not initiate, welcome, encourage, engage in, or learn from, much less enjoy, Bailey’s tirade. I did not base any part of any of my rulings on it, as Bailey has outlandishly, mistakenly, and defamatorily claimed,” Justice Engoron wrote.
He added that he had researched the statute used in the case for three and a half years and had issued several rulings on it.
Justice Engoron said that since the highly publicized trial, he is often recognized and stopped by strangers. “Sometimes their unsolicited words are complimentary. Sometimes they are derogatory. Never do they affect my rulings,” he wrote.
The justice further doubted the good faith basis of the motion to recuse, writing that the “irony” was that Mr. Bailey’s position is the same as the defense’s, yet the defense is citing it as a basis for recusal.
“This suggests that defendants are not motivated by ethical concerns but, rather, seek an opportunity to reverse the trajectory and outcome of this case,” the justice wrote.
Former President Trump has maintained he did nothing wrong and is appealing the ruling, which includes a $454 million disgorgement and a years-long ban on doing business in New York.
