Fact check: Trump baselessly claims federal Justice Department is behind New York civil fraud trial

October 2, 2023 - Trump civil fraud trial in New York begins

By Mike Hayes, Aditi Sangal, Leinz Vales, Maureen Chowdhury and Elise Hammond, CNN

Updated 10:01 p.m. ET, October 2, 2023
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3:01 p.m. ET, October 2, 2023

Fact check: Trump baselessly claims federal Justice Department is behind New York civil fraud trial

From CNN’s Daniel Dale

Former President Donald Trump speaks with journalists during a midday break from court proceedings in New York, on Monday.
Former President Donald Trump speaks with journalists during a midday break from court proceedings in New York, on Monday. Craig Ruttle/AP

In comments to reporters before Monday's hearing, former President Donald Trump baselessly claimed that the federal Justice Department orchestrated the New York state civil fraud case and other cases against him. 

“It all comes down from the DOJ. They totally coordinate this in Washington,” Trump said. He added later in his remarks, “It’s all run by DOJ, which is corrupt, in Washington. Everything goes through them.”

Facts FirstThere is no evidence that the Justice Department directed anyone to bring this state civil fraud case. The trial that began Monday stemmed from a lawsuit filed in 2022 by New York Attorney General Letitia James, who quickly began investigating Trump’s company upon being sworn in at the beginning of 2019 – when Trump still had two full years left in his presidencyTrump has correctly noted that James, a Democrat, herself ran on a campaign platform that included a vow to take on Trump.

Trump also said in his Monday comments that “this trial could’ve been brought years ago, but they waited ‘til I was right in the middle of my campaign; the same with other trials and indictments.”

It’s true that a previous New York attorney general could conceivably have pursued the same case years ago, since the allegations pertain to conduct dating back more than a decade — but James brought the case in September 2022, roughly two months before Trump launched his 2024 campaign in November 2022.

Trump faces two federal criminal cases that were brought by a special counsel, Jack Smith, who was appointed by Attorney General Merrick Garland; it’s fair to argue that the Justice Department is behind those cases.

But Trump has also baselessly alleged that the Justice Department is responsible for two criminal cases brought against him by local district attorneys in Manhattan, New York, and Fulton County, Georgia.

2:27 p.m. ET, October 2, 2023

Trump is back in the courtroom for the afternoon session of his civil trial

From CNN's Laura Dolan

Former President Donald Trump is back in the courtroom as the first day of his civil trial resumes. 

He walked past reporters in the hallway but did not stop to speak this time, after making multiple statements earlier today, attacking the proceedings, Judge Arthur Engoron and Attorney General Letitia James.

Engoron ruled last week that Trump and his co-defendants were liable for fraud in the attorney general’s civil case, one of the seven claims that are a part of the lawsuit. The trial will determine the amount of damages owed.

2:20 p.m. ET, October 2, 2023

Trump says he attended the civil trial because he wanted "to watch this witch hunt" himself

From CNN's Jeremy Herb

 

In this artist sketch, former President Donald Trump is seen in court in New York on Monday, October 2. 
In this artist sketch, former President Donald Trump is seen in court in New York on Monday, October 2.  Christine Cornell

Former President Donald Trump said he attended the civil fraud trial against him that began Monday in New York so he could “watch this witch hunt myself.” 

Trump was not required to appear in court Monday for the trial against him, his eldest sons, their companies and Trump Organization executives. But he chose to attend and sit in the Manhattan courtroom – while giving multiple statements attacking the proceedings as he entered and exited. 

“I’ve been going through a witch hunt for years, but this is really now getting dirty between (special counsel) Jack Smith, and between all of these DOJ people helping them along,” Trump said. “This is a pure witch hunt for purposes of interfering with the elections of the United States of America. It’s totally illegal.”

He continued to rail against Arthur Engoron, the judge overseeing his civil trial, saying he should be disbarred after he ruled last week that Trump and his co-defendants were liable for fraud in the attorney general’s civil case.

2:01 p.m. ET, October 2, 2023

Trump criticizes judge overseeing civil fraud case

From CNN's Jeremy Herb

 

In this artist sketch, former President Donald Trump is seen in court in New York on Monday, October 2. 
In this artist sketch, former President Donald Trump is seen in court in New York on Monday, October 2.  Christine Cornell

Former President Donald Trump attacked Arthur Engoron, the judge overseeing his civil case, as he left the courtroom during a lunch break following opening statements this morning.

Trump called Engoron a Democrat and “an operative,” saying that the case against him was a “disgrace.” He also attacked the New York Attorney General Letitia James for going after him instead of violent crime. 

“We’re going to be here for months with a judge that already made up his mind. It’s ridiculous,” Trump said.

“They waste their time with this, with banks that were very happy that got all their money back. They weren’t defrauded. I’ve been defrauded,” Trump said. 

Asked if he was coming back to the courtroom after lunch, Trump said, “probably.”

Engoron ruled last week that Trump and his co-defendants were liable for fraud in the attorney general’s civil case, one of the seven claims that are a part of the lawsuit.

1:17 p.m. ET, October 2, 2023

Trump exits as court breaks for lunch

From CNN's Aaron Cooper

During the four opening statements of the civil fraud trial, former President Donald Trump sat at the defense table between two of his lawyers.

He never spoke to Judge Arthur Engoron. 

Trump often faced forward, watching the small video monitor in front of him which displayed the opening presentations by the state and his defense lawyer.

Trump occasionally sat with his arms folded or leaned over to whisper to his lawyers. When Alina Habba and Clifford Robert, who are lawyers for the other defendants, spoke without video presentations, Trump looked at them intently.

Habba, who represents Trump, Allen Weisselberg, Jeffrey McConney and other employees of the Trump Organization, at times turned to him when she was discussing the valuation of his Mar-a-Lago resort.

As Trump’s lawyer, Chris Kise, answered questions from the judge, Trump wrote notes and passed them to him. 

Eric Trump, who is also a defendant, sat in the front row of the courtroom gallery, on the defense side behind and to his father’s left.

New York State Attorney General Letitia James sat in the front row on the other side of the courtroom, behind the former president and about 15 feet to his right. 

The former president only once looked at James, as he left the courtroom for the lunch break, turning his head as he walked past where she was seated.

Eric Trump stopped and shook her hands using both of his hands as he followed his father out of the courtroom. 

Court resumes at 2:15 p.m. ET after a lunch break.

1:10 p.m. ET, October 2, 2023

Watching Trump's body language in court

From CNN's Aaron Cooper

Former President Donald Trump, right, sits in the courtroom at New York Supreme Court, Monday, Oct. 2, 2023, in New York.
Former President Donald Trump, right, sits in the courtroom at New York Supreme Court, Monday, Oct. 2, 2023, in New York. Seth Wenig/Pool/AP

Former President Donald Trump has not expressed much emotion in the courtroom for the first session of the criminal fraud trial.

During the four opening statements, Trump sat at the defense table between two of his lawyers. He never spoke to the judge. Trump often faced forward, watching the small video monitor in front of him which displayed the opening presentations by the state and his defense lawyer.

When Alina Habba and Cliff Robert, who are lawyers for Trump's co-defendants, spoke without video presentations, Trump looked at them intently. Habba, who represents Allen Weiselberg, Jeff McConney and other employees of the Trump Organization, at times turned to Trump when she was discussing the valuation of his Mar-a-Lago resort.

As Trump’s lawyer, Christopher Kise, answered questions from the judge, Trump wrote notes and passed them to him. Eric Trump, who is also a defendant, sat in the front row of the courtroom gallery, on the defense side behind and to his father’s left. New York State Attorney General Letitia James sat in the front row on the other side of the courtroom, behind the former president and about 15 feet to his right.

Trump only once looked at James, as he left the courtroom for the lunch break, turning his head as he walked past where she was seated. Eric Trump stopped and shook her hands using both of his hands as he followed his father out of the courtroom.

1:07 p.m. ET, October 2, 2023

Attorney for Trump’s adult sons questions Michael Cohen’s credibility in opening statement

From CNN's Lauren del Valle, Aaron Cooper, Kara Scannell and Laura Dolan

The attorney for Donald Trump’s adult sons said he “vigorously” disagrees with most of the opening statement given on behalf of the attorney general.

Cliff Robert, who represents Donald Trump Jr. and Eric Trump, began his opening statement by attacking Kevin Wallace, who spoke for New York Attorney General Letitia James' office.

“I vigorously on behalf of my clients disagree with just about everything Mr. Wallace said,” Robert began.

“You need to judge credibility,” Robert said, urging the judge to determine the credibility of the people who were involved in the transactions, namely Michael Cohen.

“I don’t think that could be overstated,” he added.

"Their major lynchpin is Michael Cohen, so when you talk about credibility, you're going to have a guy who lies to everyone, who is a convicted felon," Robert said. "And he is a fixture of what their case is about."

Robert argued that there was nothing materially wrong with the valuations of financial conditions that Don Jr. and Eric signed, and they would not be “running away” from them.

“They relied on the work product of others” when they signed the statements of financial condition after Trump took office, Robert said.

1:03 p.m. ET, October 2, 2023

Judge pushes back after Trump lawyer attacks New York attorney general in opening statement

From CNN's Lauren del Valle, Aaron Cooper, Kara Scannell and Jeremy Herb

Justice Arthur Engoron of the state Supreme Court listens to opening arguments by Kevin Wallace during the trial of former President Donald Trump, his adult sons, the Trump Organization and others in a civil fraud case brought by James, at a Manhattan courthouse, in New York City, on Monday.
Justice Arthur Engoron of the state Supreme Court listens to opening arguments by Kevin Wallace during the trial of former President Donald Trump, his adult sons, the Trump Organization and others in a civil fraud case brought by James, at a Manhattan courthouse, in New York City, on Monday. Jane Rosenberg/Reuters

Judge Arthur Engoron rebutted attacks from Donald Trump's attorney Alina Habba against New York Attorney General Letitia James, responding to her opening statement and getting into a debate with the attorney over her claims.

In her statement, Habba attacked James for saying in her campaign for attorney general that she was going to “get Trump.”

Engoron, who ruled last week that Trump and his co-defendants were liable for fraud in the attorney general’s civil case against Trump, responded by noting that the defense already tried to dismiss the case claiming that James brought it as a “witch hunt” against Trump.

“I denied that,” Engoron said, adding that the ruling was affirmed by a New York appellate court. “So Ms. James’ motivations are no longer at issue in this case, are they?” 

Trump intently watched Habba as she sparred with the judge. 

"These statements of financial condition were current, current market value. The point is what were they worth then," Engoron said, pushing back on Habba's assertion that the inflated values showed what they could be sold for at some point in the future.

An accounting disclaimer from Mazars, Trump’s former accounting firm, essentially said, “We're relying on the Trump Organization," Engoron said. "That's how I read it.”

“No, your honor," Habba responded, arguing that the Trump Organization relied on Mazars and "they're the accountants."

12:41 p.m. ET, October 2, 2023

Trump lawyer claims Mar-a-Lago would sell for $1 billion in opening statement

From CNN's Lauren del Valle, Aaron Cooper, Kara Scannell and Jeremy Herb

The exterior of former President Donald Trump's Mar-a-Lago home is seen on March 23, 2023 in Palm Beach, Florida.
The exterior of former President Donald Trump's Mar-a-Lago home is seen on March 23, 2023 in Palm Beach, Florida. Joe Raedle/Getty Images

Alina Habba, an attorney for former President Donald Trump, Allen Weisselberg, former Trump Organization chief financial officer, and other Trump Organization employees, delivered an opening statement in court Monday attacking New York Attorney General Letitia James. 

Habba’s comments echoed Trump — who has tried to tie the civil case against him in New York as an effort to attack him and his presidential campaign.  

“Ms. James said she was going to come into office and ‘get Trump,’” Habba said, claiming that the case could have been brought three years ago before she took office.

Habba also criticized the valuations the judge gave for properties like Mar-a-Lago, which the judge valued at $18 million in his ruling last week, finding Trump and his co-defendants liable for “persistent and repeated” fraud. 

"Doral would sell for at least a billion dollars. Mar-a-Lago at least a billion,” Habba said. 
“The value is what someone is willing to pay. The Trump properties are Mona Lisa properties,” she added. “That is not fraud, that is real estate.”

Habba argued that if Trump was trying to show a higher net worth, he would have included things like the rights to “The Apprentice” and the Trump brand. 

“There would have been the brand, the same brand that got that man elected for president,” she said. "There’s a lot of people in this room that probably don’t like that and that’s why we’re here."

Trump was looking at Habba as she spoke in the courtroom.