Ahead of closing arguments in the civil fraud trial in New York, former President Donald Trump had asked the court for permission to make part of his team’s closing argument.
In New York, counsel for each side may make closing remarks. Rule 4016 of the New York Civil Practice Law and Rules provides counsel with the opportunity to make closing remarks and provides:
Rule 4016. Opening and closing statements. (a) Before any evidence is offered, an attorney for each plaintiff having a separate right, and an attorney for each defendant having a separate right, may make an opening statement. At the close of all the evidence on the issues tried, an attorney for each such party may make a closing statement in inverse order to opening statements.
Rule 4016 does not address whether a client, other than one representing him or her self, may do so. Such decisions are left to he sound discretion of the Court.
It has often been said that the person who represents themself has a fool for a client. Understandably, some people cannot afford counsel and resort to self-representation.
Such is not the case for Trump. He has an extensive and sophisticated legal team who seem unable (or unwilling) to rein in their client.
Trump is not a lawyer. He does not appreciate the parameters of a closing argument. He has demonstrated during his an inability to answer questions directly and follow instructions during his testimony.
Particularly given that this matter is being treated at bench, rather than before a jury, there is little legal benefit to Trump participating in his closing argument as the Court will not be swayed by sentiment.
Instead, as reflected by Trump’s regular press conferences and social media posts, it is likely that Trump would make improper use of the forum to attack the Court and staff and the Court’s prior rulings, and to treat the courtroom as just another campaign and fundraising stop.
Naturally, Judge Engoron conditioned allowing Trump to present part of the closing if he exercised certain decorum and conducted himself within the same restrictions that are self-evident to most counsel.
The Court was initially receptive to Trump participating in closing argument subject to certain ground rules out of concerns that Trump would take the opportunity to make a campaign speech. Due to the failure to agree to such restrictions, the Court declined to allow Trump to make his own closing statement.
Closing arguments are being held today.
Update: Trump’s counsel asked the Court to reconsider allowing Trump to speak for two to three minutes. The Court asked Trump to promise he would just comment on the facts of the case. Trump reportedly responded that the “case goes outside just the facts” and then launched into a monologue about the financial statements being perfect, the lack of witnesses adverse to the defendants, and that no bank was harmed. Trump claimed the case is a “political witch hunt”, that he is an innocent man, and that he is a victim of a fraud amounting to election interference. Trump spoke for nearly five minutes before Judge Engoron cut him off, indicating he had one more minute. Trump responded, “you have your own agenda, I understand that”. Trump absented himself from the courtroom during the AG’s closing argument so he could be available to the press.