Donald Trump’s October trial in a civil case brought by the New York attorney general could be delayed, the Daily Beast first reported, because the former US president has quietly sued the judge.
Letitia James, a Democrat, sued Trump and his adult sons last year, alleging widespread fraud connected to the Trump Organization and seeking $250m and professional sanctions. The trial is scheduled to start on 2 October.
It still might, the New York Times said, but proceedings have been paused because Trump sued the judge, Arthur F Engoron, for allegedly ignoring an appeals court order the former president’s lawyers say could significantly limit the case.
Trump has repeatedly sought to delay or throw out the case, and has repeatedly been rejected. But this time, the Daily Beast said, an appeals judge, David Friedman, “grant[ed] the former president’s request in a surprise hearing on Thursday that was closed off to the public”.
Trump lawyers said Engoron defied an appellate order to work out which real-estate deals in the case are in fact too old to be examined for bank and insurance fraud. Engoron, the Daily Beast said, is due to make the decision soon.
Trump lawyers also protested against a recent order in which Engoron rejected an attempt to delay the case, writing curtly: “Decline to sign; defendants’ arguments are completely without merit.”
Following Friedman’s move to pause the case, a full appeals panel was due to consider the question, potentially altering the case or delaying it altogether. A spokesperson for the state court system told the Times the appeals panel would rule in the week beginning 25 September.
The New York case is just one part of an unprecedented battery of legal threats faced by Trump as he runs to return to power.
Trump faces 91 criminal charges under four indictments, for state and federal election subversion, retention of classified information and hush-money payments during the 2016 election. He faces another civil trial, in a defamation case arising from a rape allegation a judge said was “substantially true”.
Denying all wrongdoing and claiming political persecution, Trump leads Republican primary polling by vast margins, nationally and in key states.
Across the roster of cases against Trump, his attorneys have deployed aggressive tactics, seeking to have judges removed for alleged bias or to delay trials past primary season next year.
In an interview to be broadcast on NBC on Sunday, Trump said it was “very unlikely” he would pardon himself if he returned to the White House. Such a return would not allow him to shrug off state cases but it is widely seen to be his best hope of avoiding convictions.
The New York state fraud case is due to be the first to reach a courtroom. James has said a “mountain of undisputed evidence” will show Trump and associates lied over the value of assets and his net worth, which prosecutors say was overstated by as much as $3.6bn.
In a statement on Thursday, the attorney general said: “We are confident in our case and will be ready for trial.”
