Trump Barred From Closing Remarks in NY Fraud Case After Refusing Not to Turn It Into a ‘Campaign Speech’

Former President Donald Trump will not deliver his own closing arguments in his civil fraud trial, after refusing to abide by the judge's ground rules for the arrangement, emails disclosed on Wednesday show.

"Not having heard from you by the third extended deadline (noon today), I assume that Mr. Trump will not agree to the reasonable, lawful limits I have imposed as a precondition to giving a closing statement above and beyond those given by his attorneys, and that, therefore, he will not be speaking in court tomorrow," Manhattan Supreme Court Justice Arthur Engoron wrote in an email time-stamped shortly after noon on Wednesday.

Engoron instructed Trump to stick to "relevant" matters if he were to deliver closing remarks, but Trump's lead attorney Christopher Kise objected, leading to the decision to not allow Trump to deliver the closing statement on Thursday.

In the middle of his months-long trial, Trump testified and attacked Engoron and New York Attorney General Letitia James from the witness stand. Engoron warned that he would not allow a repeat of that performance.

"I will consent to let Mr. Trump make a closing argument if, and only if, through counsel by 1/9/2024, and by himself, personally, on the record, just before he speaks, he agrees to limit his subjects to what is permissible in a counsel's closing argument, that is, commentary on the relevant, material facts that are in evidence, and application of the relevant law to those facts," Engoron wrote on Tuesday, a day before rescinding the offer.

"He may not seek to introduce new evidence," Engoron wrote. "He may not 'testify.' He may not comment on irrelevant matters. In particular, and without limitation, he may not deliver a campaign speech, and he may not impugn myself, my staff, plaintiff, plaintiff's staff, or the New York State Court System, none of which is relevant to this case, and all of which , except commenting on my staff, can be done, and is being done, in other forums. If Mr. Trump violates any of these rules, I will not hesitate to cut him off in mid-sentence and admonish him."

Engoron also noted that Trump is under a gag order preventing him from attacking his principal law clerk, which he vowed to enforce.

"If he continues to violate the rules, I will end his closing argument and prevent him from making any further statements in the courtroom," the email said. "If he violates the current gag order against him, I will immediately direct court officers to remove him from the courtroom forthwith and will fine him not less than $50,000."

Kise quickly refused the conditions on behalf of his client, calling the restriction against him criticizing the attorney general "simply untenable," noting that James is "the plaintiff" in the lawsuit.

Engoron noted that there is nothing unusual about that condition.

"Your and your client's rejection of the reasonable, normal limits I am imposing on any argument by Mr. Trump, which are the same limits that the law imposes on any person making a closing argument, completely justifies the need to impose them," the judge responded. "Closing arguments are for an advocate to comment on the evidence presented, on the relevant law, and on how the latter applies to the former to justify the result sought. Such arguments may not be used to testify, to introduce new evidence, to make a campaign speech, or to comment on irrelevant matters."

After that exchange, Melania Trump's mother Amalija Knavs died, and Kise informed the court about the development, requesting an adjournment of closing arguments from Thursday until Jan. 29, 2024.

Despite expressing his condolences, Engoron declined to postpone the summations.

"I'm sure you realize, although you may not realize to what extent, that every appearance of Mr. Trump requires court officers, court clerks, administrators, security details, technical people, etc. to rearrange their schedules and to plan for the day," Engoron wrote, adding that administrators had to "evict" jurors from the ceremonial courtroom to make way for the high-profile arguments. "Of course, I am also anxious to hear a full day of closing statements as I consider the case as a whole. On balance, going forward makes the most sense."

Kise then informed Engoron that Trump would attend — and planned to deliver his statement as-planned, but the lawyer declined to affirm that the former president would abide by the ground rules.

"This is very unfair, your Honor," Kise complained. "You are not allowing President Trump, who has been wrongfully demeaned and belittled by an out of control, politically motivated Attorney General, to speak about the things that must be spoken about."

Engoron refused to budge.

"I won't debate this yet again," the judge said. "Take it or leave it. Now or never. You have until noon , seven minutes from now. I WILL NOT GRANT ANY FURTHER EXTENSIONS."

Kise did not reply by the deadline, and Engoron told him that he would docket the email exchange on the public record "to preserve your appellate rights."

Released on Wednesday afternoon, the emails showed the backstory about how the former president planned on delivering his own closing remarks in the courtroom this week, in an unorthodox arrangement that Engoron had initially approved over the attorney general's objection.

Before trial began late last year, Engoron ordered the dissolution of Trump's New York business empire on the first of seven counts of the lawsuit. That ruling remains under appeal. The judge has yet to determine the penalties under the remaining six claims, which could be heavy. The attorney general has asked for Trump and his ex-business associates Jeffrey McConney and Allen Weisselberg to be banned from working in the state's real estate industry for the rest of their lives. The state also wants Trump, his business associates, and his sons Eric Trump and Donald Trump Jr. to pay roughly $370 million in ill-gotten gains.

In addition, the Trump sons face a possible five-year ban from New York's real estate industry.

On Thursday morning, the closing arguments will help determine which, if any, of those penalties the judge will impose.