The judge overseeing Donald Trump's civil fraud case will not allow the former president to speak during closing arguments in the trial Thursday after Trump refused to say he would stick to the facts of the case and not engage in any attacks.
Trump had asked to deliver part of the arguments himself, said a source with direct knowledge of the situation. But New York state Judge Arthur Engoron denied the request Wednesday after a contentious back-and-forth with Trump's lawyers about certain conditions he wanted him to meet.
Engoron released an email chain with Trump attorney Chris Kise and New York Attorney Letitia James’ office when he denied the request Wednesday.
Kise first told Engoron in an email last Thursday that Trump planned to speak, and Andrew Amer of the AG's office quickly opposed the idea. "Allowing Mr. Trump to participate in closing arguments would effectively grant him an opportunity to testify without being subject to cross-examination," Amer wrote.
Engoron replied the next day, saying he was "inclined" to let Trump speak because he was the person with "by far the most at stake." But, he added, Trump had to speak about the evidence and could not "testify," "comment on irrelevant matters," "deliver a campaign speech" or "impugn myself, my staff, plaintiff, plaintiff's staff or the New York State Court System."
Failure to abide by those conditions would result in Trump's being cut off and admonished, and if he were to continue to violate those terms, he would be removed from the courtroom by court officers and fined "not less than $50,000," Engoron wrote.
Kise responded Tuesday that Trump could not agree to those conditions because he would be too hamstrung, and he asked Engoron to reconsider. Engoron noted that Trump would be free to comment "on the arguments of an opposing party or counsel, but may not seek to impugn their character."
"I will not let anyone violate the normal rules of courtroom procedure that govern closing arguments," Engoron added, giving Kise until 4 p.m. Tuesday to respond.
Kise blew past the deadline and later that night asked whether closings could be delayed until late January because of the death of Melania Trump's mother. Engoron responded Wednesday morning that he was "sorry to hear the sad news" but denied the request for a delay.
Kise then responded that Trump was still coming to court and planned to speak. Engoron said Trump could speak only if he agreed to his conditions, which Kise replied was "very unfair." "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 things that must be spoken about," Kise wrote.
Engoron responded, "Take it or leave it. Now or never," and gave Kise seven minutes to agree to his terms. Kise did not respond, leading the judge to say Trump was not testifying.
In a statement, Trump's attorney Alina Habba said, "Is anyone surprised anymore?"
ABC News first reported Trump's intention to speak in court.
Trump and his attorneys repeatedly criticized and clashed with Engoron during the trial.
The trial lasted more than two months, with testimony wrapping up in December. Trump testified after he was called as a witness by James' office, which sued him last year alleging he and his company had fraudulently inflated their assets to get certain rates on bank loans.
Trump denied any wrongdoing during his testimony and was repeatedly chided by Engoron for going off on tangents and failing to answer questions. Trump, who has repeatedly blasted him at campaign rallies and on social media, called Engoron "very hostile" on the stand.
Ron Kuby, a veteran New York lawyer who is not involved with the case, said Engoron "is well within his discretion" to grant or deny Trump's request. He added that the lack of a jury — which Trump has repeatedly complained about — could have worked in Trump's favor.
Trump was at one point scheduled to testify in his own defense but announced the night before that he had changed his mind. “I have already testified to everything & have nothing more to say other than this is a complete & total election interference (Biden campaign!) witch hunt,” he said on his social media platform at the time. “The only fraud committed was by the highly partisan & out of control judge, & racist A.G.,” he added.
Engoron has said he plans to issue a written verdict in the coming weeks.
