Trump New York Fraud Trial Day 2: Court Adjourns, but Judge Asks Attorneys to Stay

Former President Donald Trump leaves the courtroom for a lunch recess during the second day of his civil fraud trial at New York State Supreme Court in New York on Oct. 3, 2023. Michael M. Santiago/Getty Images

Court Adjourns—4:30 p.m.

Day two of the trial ended at 4:30 p.m., but New York Supreme Court Justice Arthur Engoron asked the attorneys to stay behind for private discussions, according to media reports. Reporters were cleared out of the room.

During the defense’s cross-examination of Donald Bender, a former Mazars USA partner and accountant who worked with the Trump Organization, lawyers for former President Donald Trump noted that Mr. Bender was the only certified public accountant compiling Trump Organization financial statements.

Judge Explains Closed-Door Meetings—3:03 p.m.

Justice Engoron confirmed that closed-door meetings were regarding posts made about his staff.

Justice Engoron is known to confer with his clerk, Allison Greenfield, regularly on cases.

Earlier in the day, President Trump had made a post linking to an Instagram account with a photo of Ms. Greenfield and Sen. Chuck Schumer (D-N.Y.). It was deleted by the time the trial resumed.

Justice Engoron issued a gag order, saying he would not tolerate derogatory statements made of his staff, and those who do so will face serious consequences.

Trial Resumes—3 p.m.

President Trump reentered the courtroom, telling reporters it was a “perfect day in court.”

The defense will cross-examine Mr. Bender.

Proceedings Delayed—2:40 p.m.

Proceedings were delayed with two closed-door meetings.

The trial will resume at 3 p.m.

Court in Recess—1 p.m.

The trial will resume at 2:15 p.m.

Trump Says He Intends to Testify—11:55 a.m.

Former President Donald Trump spoke with reporters during a break, saying he intends to testify “at the appropriate time.”

He is on the state’s witness list, along with his children Eric Trump, Donald Trump Jr., and Ivanka Trump.

He also commented on the evidence presented in court, saying “our financial statements are extremely strong.”

State Presents Evidence From 2012—10:43 a.m.

Mr. Bender returned to the witness stand to testify.

The prosecution is presenting evidence document by document related to a compilation of statements of financial condition (SFC) as of June 30, 2012. The defense objected to each document as being outside the statute of limitations.

One document sent from the Trump Organization to Mazars states that the Trump Organization is responsible for the representation of the numbers.

The prosecution is establishing that Mazars relied on statements provided by the Trump Organization, and had no awareness those statements were fraudulent, as they would not have submitted them otherwise.

Judge Makes Correction—10:20 a.m.

Justice Arthur Engoron, who is presiding over the case, corrected himself on two points from yesterday.

He had argued with the defense and said expert witness testimony was not evidence, but only opinion. He corrected himself and said it is evidence he has to consider.

He also said he will allow the state to refer to statements dating back to 2011, as in the prosecution’s first witness’s testimony, and overruling the defense’s objections that it is outside the statute of limitations.

Trump Arrives in Court—10 a.m.

President Trump announced he would attend day two of his civil trial in New York ahead of time on social media.

When he arrived on Tuesday, he paused to give remarks to the press again before heading inside the courtroom.

He spoke briefly, criticizing New York Attorney General Letitia James for allowing crime to go up in the city while she pursued what he described as a politically motivated case against him.

He again took issue with her valuation of his properties.

“We’ve just recently sold two properties for many times they were worth, many times what they were worth in the financial statements,” he claimed. “She knows that, but she’s fraudulent.”

“This case should be dismissed,” he said. “She should probably be dismissed, also ... at the very least she should start looking for the murderers and the criminals, the violent criminals all over New York, all of the illegal migrants pouring into our city and state, and not spend the next six months in a courthouse.”

Read day one highlights and live updates here.