Trump's civil fraud judge Engoron allows subpoena for lawyer he spoke with about trial
Judge Arthur Engoron, who oversaw Donald Trump's criminal fraud trial, has granted a subpoena for a real estate attorney due to comments he made about the case.
The New York Supreme Court Justice discussed the Trump case in the hallway three weeks before he ruled against the Trump Organization and those linked to it. Law&Crime reported that Engoron granted the subpoena of Adam Leitman Bailey, who spoke to local station WNBC on Feb. 16, the day the judgment was issued.
The conversation with Bailey came to light in May. The New York State Commission on Judicial Conduct also revealed that Engoron was under investigation for the hallway chat.
Read also: The potential jury blunder in Trump's Manhattan fraud trial
Trump's lawyers immediately demanded an ethics investigation into what was discussed. They also demanded that Engoron be recused from the case, which was denied. Trump has appealed the decision.
They then moved to subpoena Bailey to question him about the discussion. They demanded “any pattern of communication” between the two. In the response, Law&Crime explained, Bailey's lawyers denounced the subpoena as a “fishing expedition.”
Bailey's attorney tried to kill the subpoena, but Engoron has allowed it in part.
“As Mr. Bailey and his firm have appeared before this Court often, the request is unduly burdensome, as it would subject to disclosure all communications on wholly unrelated matters,” Engoron wrote in his order. “Accordingly, this Court will not so-order the subpoena as issued, as it is framed in the most general terms and unquestionably would permit an improper wholesale fishing expedition.”
Trump's lawyers asked for all communication “from the beginning of time until now," Engoron described, noting it was overly broad.
That said, he also handed Trump a win by allowing Bailey to be brought to answer questions.
“However, the subpoena is not wholly without merit,” Engoron continued. “Mr. Bailey has opened the door by making his extraordinary claims to the media, in which he, by his own admission, stated that he attempted to offer unsolicited legal advice to this Court. Accordingly, defendants are entitled to any communications or documents in Mr. Bailey’s possession that involve, discuss, or in any way refer to ‘the Action’ as defined in the subpoena.”
Trump's team is demanding that Engoron recuse himself from the Bailey issue.