#Trump #fraud #trial #Day3 🧵:
Trump gripes trial is 'unfair' after judge's #GagOrder
(it was just in regards to the judge’s staff.)
After the trial wrapped up yesterday, Trump aired his #grievances in a post on his social media platform, saying the trial is “unfair” & again suggesting it was an attempt to interfere w/his presidential campaign.
#Trump also complained about the lack of a #jury in the #trial after his #legal team disputed James’ claim that it never requested one. James’ office said Trump’s lawyers never asked for a jury trial, but they likely they wouldn’t have received one even if they did.
Trump’s post came hours after #Engoron issued a #GagOrder barring defendants from discussing members of his staff after TFG #attacked one of his #LawClerks on socialmedia, a post that Engoron ordered him to delete
Speaking outside the courtroom before the trial started, #Trump again decried it as a #political hit job against him as he repeated his ongoing #attacks against #James.
“This trial is a disgrace,” he said. “Never happened -- nothing like this has never happened before.”
(That’s because we never had a person become president that broke so many laws before, during & after being in office.)
2 accountants expected to testify today
Trump’s fmr longtime #accountant, #DonaldBender, is back on the #witness stand as TFG’s attys continue #CrossExamination.
Attys for the AG said in court yesterday they might seek additional questioning of Bender when Trump's team is done.
After Bender finishes, the AG's office is expected to call #CamronHarris, who works for #WhitleyPenn, the #accounting firm that succeeded Bender's firm.
#Day3 of Trump’s #fraud #trial has begun
#Trump atty #Suarez questions #Bender.
After Bender testified a correction on the size of Trump's triplex #apartment was the work of the #TrumpOrganization & not him, Suarez suggested that Bender was lying when he said a now-deceased #accountant was his “relationship partner” at #Mazars for all Trump work.
A relationship ptnr, is who might have originated the biz relationship & might handle bills, but isn’t necessarily the lead handling the work.
#Suarez took #Bender through a series of “engagement continuance forms” internal to his fmr #accounting firm #Mazars that listed #Bender as the partner in charge. The #judge seemed unimpressed, however, & suggested they move on.
#Trump appeared engaged w/his fmr #accountant's #testimony & complained at one point he couldn't hear what Bender was saying. Bender then started speaking more clearly & closer to the microphone.
#Suarez is now cross-examining #Bender about #accounting principles — deep accounting weediness that #Trump is nonetheless sitting through.
Trump's lawyers are trying to show — despite the #TrumpOrganization’s WRITTEN ASSERTION that it, not #Mazars, was responsible for the preparation of the #statements in #compliance w/standardized accounting practices — that Bender should have known & should have guided Trump better.
Judge #Engoron just reminded Trump’s attorney, “There’s no jury in here"
(IOW, stop #grandstanding)
#Trump visibly reacted, throwing his arms up in the air, in response, shaking his head “no” w/his arms crossed.
(so melodramatic)
#Suarez is now trying to establish that even under standardized #accounting practices, there is no 1 accepted way to estimate the current value of an asset.
Under questioning by #Suarez, #Bender said he "may" have consulted w/specialists on the estimated current value of some #Trump properties.
Suarez then played a bit from Bender's earlier #deposition, where he said he had not done so.
He then tried to get him to admit that discounted projections of cash flows from the use an asset can be used in estimating its current value, & pressed him on valuations of various Trump properties, including #TrumpTower & #MaraLago.
The questioning appeared designed to get #Bender to admit that he was aware of the ways in which the #TrumpOrg assessed the value of properties, but #Bender didn't fully relent.
He said he understood how the asset values were reached for a “significant portion” of props, bc the notes to those statements of #financial condition addressed some of the #valuation methods, but didn’t recall which he did or didn’t see or understand.
He noted that he was not hired to do #appraisals for #Trump.
#Bender testified Tues that certain info had been #withheld from him & his #accounting firm, including the existence of certain #appraisal reports.
However, today, Wednesday, #Suarez got Bender to admit that he had access to bases for valuing the real #property #assets in the statements of #financial condition &
& #Bender admitted guidelines set forth by the American Institute of CPAs require accountants engaged in compilation of #financial statements to be familiar w/the bases for valuing the estimated current value of an #asset —& if there is a disagreement, to either insist on a modification of the disclosure or withdraw.
Bender admitted that other than a disagreement on Niketown’s value, which, after consulting w/ #TrumpOrg, it modified, he didn’t recall bringing anything else to their attn.
#Trump left the courtroom after the judge called a 10-min break.
He once again call the #trial a "witch hunt," adding that he should be "entitled to a jury."
The proceedings have resumed, #Bender is back on the stand, continuing testimony.
Trump didn’t return from the break.
#James is still present at the trial.
#Bender’s failure to complain about the #statements of #financial condition & #valuation methods doesn’t mean those valuations & statements they were presented were reasonable. It just shows that Bender@& #Mazars were sloppy, if not financially beholden to the #TrumpOrg.
Yes Mazars had access to data that banks & lenders didn’t, but the employees & execs of #Trump Org weren’t entirely honest w/them.
Bender & Mazars may have been equal parts victims of & accomplices to Trump’s alleged fraud.
As the #trial against Trump was being heard in court this morning, Trump's attys filed a notice of #appeal of the judge's #SummaryJudgment ruling that Trump had committed persistent #fraud.
The notice of appeal said they were appealing "from each & every part" of the order that went against them.
Last week, #Engoron denied Trump's motion to have the claims against him thrown out on statute of limitations, & Engoron issued partial #SummaryJudgment on some of the AG's allegations, including that #Trump & the #TrumpOrganization had made "persistent" false claims overstating the #value of their #assets in their #financial statements.
#Engoron & #Trump's lawyers engaged in a heated back & forth about #Bender’s inconsistent testimony.
“Mr. Bender is not on trial here. Someone else is,” Engoron said, prompting #Kise & #Habba to jump up to disagree. (facts)
Kise told Engoron that Bender’s #credibility is very much on #trial. Engoron pushed back, telling Kise, “You’re not allowed to waste time.” Habba then accused Bender of being evasive & “having no memory as we sit here.”
“The government brought a case accusing my client of a staggering #fraud,” specific to year, "but now when it’s time for us to defend ourselves,” Engoron will not let them examine him on a year by year basis, #Kise said, adding that he will attempt to streamline the case, but the devil’s in the details.
“This is ridiculous!” #Engoron yelled, then lowered his voice, before saying, “there’s no point” in asking #Bender year by year.
(Engoron has been adjudicating the #Trump case for 3 yrs)
Justice #Engoron #adjourned the #trial for lunch, but then held a closed door #sidebar in the courtroom that included #Trump.
Trump is now reportedly planning to head to the airport after lunch.
The trial is to resume at 2:15PM ET with the continuation of #Bender's #testimony.
As #Trump left the courthouse after attending the #civil #fraud #trial against him & #TrumpOrg, he bashed the #judge, the state AG & the #legal #system.
"I’m here, stuck here. I'd rather be right now in IA, I’d rather be in NH or SC or OH or a lot of other places, but I’m stuck here because I have a corrupt AG," an angry Trump fumed before leaving.
(he was booted for turning the trial into a stump for vile campaign rhetoric whilst attacking public servants)
#Trump, who had no #legal obligation to attend the #trial, said he'd done so since Mon bc he wanted to point out "how corrupt it is."
(nah it was 4 the #spectacle)
He #attacked the #judge, saying he's "run by the Democrats" & "already knows what he's going to do." "Our whole system is corrupt," he said, adding that #Engoron came out of "the clubhouse."
Justice #Engoron has been overseeing the #Trump #fraud matter for 3 yrs. When the state AG, #LetitiaJames, was conducting her #civil investigation into Trump’s #BusinessPractices, the #judge resolved disputes over evidence. Then, after she filed the resulting lawsuit a year ago, the judge began hearing arguments & ruled on pretrial litigation.
Justice #Engoron was appointed to the #NewYorkCity Civil Court in 2003 & was #elected — he ran unopposed — to the NY State Supreme Court in 2015. Before his time on the bench, he served as a #law #clerk to a State Supreme Court judge in Manhattan.
#NYAG #LetitiaJames spoke bluntly about #Trump on her way into the courtroom for the afternoon's testimony, calling his appearance at the trial a "#PoliticalStunt" & a "#fundraising stop."
"The Donald Trump show is over," she said, calling his comments "offensive & baseless" & devoid of facts & evidence.
Trump has repeatedly called the AG "corrupt" & her civil charges against him baseless during his 2½ days at the courthouse.
Minutes earlier, #Trump sent out a #fundraising email that started, “I just left the courthouse for the day for my unjust trial in New York.”
#James said Trump had "fomented #violence" & made "#RaceBaiting appeals to the bottom of our humanity."
"I will not be #bullied," she said. "#Justice will be served."
The trial resumed w/o #Trump, the mood in the courtroom considerably lighter now that he is is gone.
#Engoron allowed an interruption to #Bender’s testimony to accommodate #CameronHarris, the partner at #WhitleyPenn who handled Trump’s #accounting work after #Mazars resigned in 2020.
#Harris is now discussing the role of #JeffMcConney, the #TrumpOrg comptroller, in their engagement to compile the statements of financial condition.
As the AG did w/ #Bender, they are reviewing specific language from #WhitleyPenn’s written description of the process. He says they went through the 2020 statement of #financial condition to understand how to obtain info & their process.
#CameronHarris discussed Whitley Penn’s internal “program” for compiling statements of financial condition, which appears to be a guide to how to handle compilations.
The internal program for compilation does “not verify any of the accuracy of the information provided,” which distinguishes a compilation from a review or an audit. It does not include, for example, analytics or inquiries of management, much less verification of work papers.
#CameronHarris is essentially limiting the scope of their work, as #Bender did.
#EricTrump came up for the first time in testimony. #CameronHarris said that Eric was a member of executive leadership who set “the tone at the top” & that he had no interactions w/Eric re: the statements of financial condition. Their first meeting took place after the 2021 statement was issued.
Eric Trump is in the front row shaking his head suggesting he doesn’t agree with Harris' descriptions of his role.
#CameronHarris, argued the #Trumps are #responsible for their #FinancialStatements
#DonaldTrumpJr & #EricTrump, who signed the representation letr. & the engagement letr. for the 2021 compilation of #Trump’s statements of #financial condition, were a focus of the PM court session.
When #DonaldBender was engaged, #AllenWeisselberg, fmr #TrumpOrg CFO, played that role, but by 2021, the responsibility for retaining & managing the #accounting relationship seems to have shifted to the #TrumpSons.
#WhitleyPenn #accountant, #CameronHarris, said he was responsible for compiling & checking the docs for obvious errors but the clients were ultimately in charge of preparing the info.
"Who's responsible for the statement of financial condition?" asked state atty #KevinWallace.
"The client's responsible for that," Harris replied.
Things got more professional after #Trump left. Before, they objected so often Engoron called them out. After, defense didn’t log a single one.
#Trump’s attys declined to cross-examine #CameronHarris, but they reserved the right to call him back to the stand later.
Instead, they spent the last hour of court continuing their cross-examination of fmr #Mazars USA #accountant #DonaldBender.
After defense highlighted Bender's inconsistent statements about Mazars' use of specialists to evaluate assets, #Bender seemed to struggle to articulate how Mazars provided #accounting expertise.
Defense atty #JesusSuarez told Justice #Engoron he planned to continue cross-examining #Bender through Thurs afternoon, but promised to "streamline" questions after the judge criticized the timing.
#JeffMcConney, a top #TrumpOrganization exec, is expected as the next witness, & he’ll be ready tomorrow in case cross-examination of Bender concludes earlier than expected.
Court adjourned for the day.
Nonilex