Judge Arthur Engoron got fed up within minutes. “Mr. Casey, can you control your client?” The day of listening had only just begun on Monday morning when he already launched a blistering attack on the defence. “If you can’t do it, I will.” Client in question: Donald J. Trump.
The former president will defend himself in New York on Monday during the civil fraud case against him. It is an image that the world has not yet known. Trump, on the witness stand, is forced to answer others’ questions. But he will not simply allow himself to be forced to submit to judicial restrictions.
Finished by the author
Thomas Roepe is the US correspondent for De Volkskrant. Lives in New York. He is the author of the book Laura H.
Trump’s testimony immediately leads to confrontation. Instead of providing clear answers, he delivers monologues that sound more like campaign speeches. Judge Engoron does not hide his annoyance. “Mr. Casey, that was a simple yes or no question,” Attorney Casey warned. “We’re receiving another letter.”
“This is a very unfair lawsuit,” Trump responded. “This is very unfair, and I hope the world sees it.” It offers a glimpse of what may become the dominant image of this presidential election: Trump combining the roles of candidate and defendant in court.
Little control
This civil fraud case is fascinating in many ways. Last month, before the start, Judge Engoron had already ruled. Trump is held responsible for lying about the value of his assets. The Trump Organization’s numbers for soft loans were inflated, while the tax authorities actually obtained lower values.
Action is now about punishment. Justice demands a staggering $250 million in compensation. In addition, Trump may have to cease his business activities in New York State. It would be a huge blow to his empire and to him personally: this is his birthplace, and Trump Tower is his cathedral.
But for Trump, there is more at stake on the witness stand. This trial serves as a practice round for his four impending criminal cases, the first of which will begin next spring. From a recent opinion poll New York times Research agency Siena shows that Trump’s electability is not affected by his impeachment trials. At the same time, voters indicated that a conviction might influence their vote. Trump should try to change this opinion.
He has little control over the course of the case, as he noted Monday in his tussle with Engoron. There, it is not him, but the judge who has the power. Public opinion is a different story. On Monday, Trump appeared to be investigating how much space he could take up as part of the legal process.
“No political rally”
The pattern repeats itself: After a slap on the wrist, Trump remains quiet for a moment, and then again descends into a tirade. Prosecutor Letitia James describes him as “politically biased” under oath. It is clear that Trump is not only addressing the court, but also the world outside it. “This is not a political rally,” Engoron warned him.
Justice appears less bothered by the former president. There is valuable information hidden among Trump’s meandering answers. For example, he admitted Monday that in some cases, he actually had an impact on his company’s financial reporting. Previously, he was referring mainly to his accountants. “I looked at them, I saw them, and I probably had some suggestions sometimes,” he says now.
Later this week, Trump’s daughter Ivanka will testify. The sons of Eric and Donald Trump Jr. were previously called to testify. Trump himself may never speak again. That’s also why Engoron is urging him to hurry up on Monday. “We have one day with this witness,” the judge says. “We don’t have time to waste.”
