Donald Trump’s legal team expressed their intention to request a mistrial and engaged in a lengthy discussion with Judge Arthur Engoron about how they can bring up the conduct of his clerk, which is subject to a gag order.
“We would at least need to reference the subject matter,” Trump’s attorney Chris Kise said.
Initially, Engoron told Trump’s lawyers not to file a motion that referenced his staff, stating that the gag order was meant to protect them.
“I am 1000% convinced that you don’t have any right or reason to complain about my confidential communications,” Engoron said.
Trump’s attorneys, who have raised concerns about Engoron’s communication with his clerk, argue that it indicates bias in the trial and have urged Engoron to reconsider.
“You can’t respectfully reject it before you’ve seen it,” Kise said.
Trump attorney Alina Habba informed the judge, “Obviously are going to be moving for a mistrial, that is part of the plan.”
“We need to have an opportunity to be heard on those things that have not been yet heard,” Habba said.
After consulting with his clerk, Engoron reversed his decision and stated that Trump’s attorneys could file a motion, but he requested them to do it in writing.
Once they agreed on a course of action, Engoron joked, “See I knew it would be a love fest.”
Trump was sitting back in his chair at the defense table during the exchange.