Former President Donald Trump and New York Attorney General Letitia James have been on a collision course for years, and now it’s playing out in a lower Manhattan courtroom.
Trump has long insulted James as his office investigated him and his company, an investigation that ultimately led her to file a lawsuit. $250 million civil lawsuit accusing Trump and other members of the Trump Organization of widespread fraud. The trial stemming from that lawsuit will begin Monday and Trump is in the courtroom for opening statements.
Here’s what you should know about the case.
Who are the defendants in the case?
Trump, three of his children (Donald Jr., Ivanka and Eric Trump), several other company executives and the Trump Organization itself were sued in September 2022 for James. His office accused them of perpetrating years of fraud and very overrepresented both Trump’s wealth and the values of many of his properties in the financial statements.
This summer, a New York appeals court accusations dismissed related to Ivanka Trump, ruling that these were contracts from too long ago. The court did not dismiss the allegations against the company, Trump, Donald Trump Jr. or Eric Trump, allowing the allegations against them to go to trial.
What are the accusations?
The Trumps and their company are accused of fraud, falsification of business records, issuance of false financial statements and conspiracy, among other accusations. The attorney general has accused Trump of exaggerating his wealth by billions of dollars and the value of many properties by hundreds of millions while he sought loans. He has denied any wrongdoing.
James’ office is seeking $250 million and a series of sanctions designed to severely limit the Trumps’ ability to do business In New York.
Because this is a civil lawsuit, not a criminal case, there is no possibility of jail time.
Separately, Trump faces criminal charges in a case brought in April by Manhattan District Attorney Alvin Bragg, which alleges 34 accounts for felony falsification of business records. Trump has pleaded not guilty.
A previous criminal tax fraud case against the Trump Organization ended with a guilty verdict last December and a agreement with the Prosecutor’s Office by the company’s former financial director, Allen Weisselberg. Trump was not personally charged in that case.
Will Trump attend the trial?
BRENDAN MCDERMID/REUTERS
Trump arrived at the courthouse for his opening statements Monday morning. He had said that he planned to attend at least the first day of the civil trial.
“Tomorrow morning I will go to court to fight for my name and reputation,” he posted Sunday night on his Truth Social platform. “THIS ENTIRE CASE IS A FAKE!!!” he wrote, lashing out at the prosecutor and the judge. “See you in court Monday morning.”
Trump’s intention was first revealed in a court filing related to a separate case: Trump’s lawsuit against his former lawyer and fixer, Michael Cohen. The judge in that case noted that Trump had asked to postpone a deposition scheduled for October 3 because it would conflict with his plans to attend the first week of this trial.
Who is the judge?
The judge presiding over this case is Arturo Engoronwho was first appointee by the then governor. Andrew Cuomo to the New York Supreme Court, First Judicial District, in 2013, after previously serving as a judge in New York City civil court. A Democrat, he ran unopposed for office in 2015 and is serving a 14-year term.
In April 2022, Engoron disrespected trump for refusing to hand over the documents James had subpoenaed and fined him $10,000 a day. He also repeatedly rejected attempts by Trump’s lawyers to delay the trial date.
The upcoming proceedings are a bench trial, meaning there is no jury and Engoron will ultimately decide whether the defendants are liable, as well as additional damages and penalties.
How long will the trial last?
The judge asked the lawyers involved to clear their calendars until December 22. However, the trial may not last that long.
Will Trump testify?
He could. Trump, Donald Trump Jr., Eric Trump and Ivanka Trump are all on preliminary witness lists submitted to the court on September 27. That does not guarantee that they will be called to testify.
Will the trial be televised or broadcast live?
NY State Law He typically does not allow cameras in the courtroom during most proceedings. News organizations asked the judge to allow coverage of opening statements in this case, but the judge denied that request in court on Monday. He allowed a handful of photographers into the courtroom to take pictures.
Didn’t the judge just rule on these accusations of fraud?
Before the trial, on September 26, Engoron issued a ruling find that Trump overvalued properties into hundreds of millions of dollars (and misrepresented his own worth into billions) while applying for bank loans. Engoron’s ruling was in response to a motion from James’ office asking him to rule on certain allegations before the trial, which will now focus on other allegations in the lawsuit related to falsifying business records, issuing state false financial statements, insurance fraud and conspiracy.
The Engoron ruling ordered the cancellation of the Trump Organization’s business certificates and an independent trustee to dissolve some of Trump’s companies.
What did Trump say?
Trump spoke to media after arriving at court on Monday, denying allegations of fraud and saying, “What we have here is an attempt to hurt me in an election.”
On his social media site, Trump has called Engoron a “political pirate” and a “deranged, Trump-hating judge.” For years he has slandered James and her investigation, accusing her of persecuting him for political gain.
Trump even he sued James in December 2021 in an effort to stop their investigation before its conclusion. In a phone call with CBS News at the time, he called James’ investigation “unconstitutional” and called himself an “aggrieved and innocent party.” The demand was later fired.
Who is Leticia James?
Letitia James, a Democrat, has won the elections twice as attorney general of New York. She took office on January 1, 2019. Before that, she served as New York City’s public advocate and spent nearly a decade as a member of the city council.
James has a story to confront powerful political figures. An August 2021 report compiled by independent researchers working for his office. supposedly a boss of sexual harassment by then-Governor Andrew Cuomo and led to his resignation.
Their investigation in this case began in 2019 after Trump’s former lawyer and “fixer,” Michael Cohen, gave testimony before Congress in which he said Trump routinely lied about his wealth in loans, insurance and tax documents.
What has James said about the fraud case?
“Claiming that you have money you don’t have is not the art of the deal, it is the art of theft,” James said at a press conference announcing the lawsuit in September 2022.
In a statement released Monday ahead of the trial, he said: “For years, Donald Trump falsely inflated his net worth to enrich himself and cheat the system…No matter how rich or powerful you are, there are no two sets of laws for people of this country. The rule of law must apply equally to everyone, and it is my responsibility to ensure that it does.”
What has Trump’s legal team said?
Trump lawyer Christopher Kise has argued that what the attorney general calls overvaluations are actually examples of Trump’s “genius.” arguing in court that Trump is “a master at finding value where others see nothing.”
What did Judge Engoron say?
Engoron has not spoken publicly about the case, but was relentless in his pre-trial fraud conviction. In the ruling, which rejected Kise’s argument, he condemned the defendants’ “scandalous conduct” and “their continued reliance on false arguments,” and wrote that some of their arguments represented “a fantasy world, not the real world.”