Donald Trump's lawyers want the judge in his civil fraud case to step aside, citing a conversation he had with an outside lawyer while the decision was pending.
Three weeks before issuing his $454 million judgment, New York judge Arthur Engoron chatted about the case with real estate lawyer Adam Bailey.
The interaction was first reported by NBC News in May. Bailey had told the outlet that he shared his opinion about the case with Engoron, telling him he needed to "get it right."
"Where, as here, this Court's impartiality might reasonably be questioned under the circumstances, it must recuse. Indeed, there is no other means of dispelling the shadow that now looms over this Court's impartiality," Trump's recusal motion states.
Although Trump was never mentioned directly, "we weren't talking about the Mets," Bailey said.
Trump's lawyers say Engoron must step aside or else allow a hearing to look at the matter more closely.
"In sum, this Court appears to have proceeded not only in contravention of controlling law and the Constitution, but perhaps also contrary to the governing standards of judicial conduct," Trump's recusal motion said.
Bailey is feeling some regret, telling the media he is "devastated" that he got the judge in this situation.
He said their conversation had nothing to do with Engoron's pending ruling and that it was actually about his pre-trial decision that Trump had committed fraud.
"I did not think that speaking to Judge Engoron about my own personal views of his already published decision was wrong in any way," Bailey said.
The court denied that any improper conversation took place when Engoron's interaction was first made public.
“No ex parte conversation concerning this matter occurred between Justice Engoron and Mr. Bailey or any other person. The decision Justice Engoron issued February 16 was his alone, was deeply considered, and was wholly uninfluenced by this individual," the court said.
In February, Engoron handed down a $454 million penalty after finding Trump fraudulently inflated his assets. The judge said Trump's frauds "shock the conscience" even though there were no victims.
An appeals court later intervened and lowered the staggering bound amount, allowing Trump to appeal the judgment without having his property seized by attorney general Letitia James (D).
