Trump civil fraud case: Judge fines Trump $354M, says frauds 'shock the conscience'

Donald Trump's lawyers, in a court filing this morning, doubled down on their criticism of the trial's limited gag order while distancing Trump and his co-defendants from what they called the "vile and reprehensible" threats against Judge Arthur Engoron and his principal law clerk.

In a filing arguing against the limited gag order, defense lawyer Clifford Robert said that the attacks -- which he said Trump neither condoned nor directed -- do not justify the gag order's unconstitutional restraint on Trump's free speech.

"Respondents' sole cognizable justification for the Gag Orders is that an unknown third party may react in a hostile or offensive manner to Petitioners' speech," Robert wrote.

While Robert characterized the threats as "disturbing, derogatory, and indefensible," he argued that it could not be proven that Trump's Truth Social post on Oct. 3 -- which prompted the limited gag order prohibiting statements about the judge's staff -- led to an increase in threats. Trump and his lawyers have never called for violence, condoned the attacks, or encouraged threatening behavior, Robert said.

The threatening behavior "merits appropriate security measures," Robert wrote. "However, it does not justify the wholesale abrogation of Petitioners' First Amendment rights in a proceeding of immense stakes to Petitioners," which Robert argued has been "compromised by the introduction of partisan bias on the bench."

Eric Trump needed help with the Trump Organization's finances after the company's chief financial officer Allen Weisselberg was removed from his role following his indictment in 2021, according to Trump Hotels executive Mark Hawthorn.

According to Hawthorn's testimony, the company relied on an outdated and inefficient approach to bookkeeping, including authorizing only three individuals -- Weisselberg, Donald Trump Jr. and Eric Trump -- to write checks for the Trump Organization until as late as 2021.

Weisselberg signed most of the company's disbursements, leaving Eric and Don Jr. in uncharted waters once Weisselberg was removed, Hawthorn said.

"He had a stack of checks [on his desk] to sign that was very high," Hawthorn recalled regarding a summer 2021 meeting during which he said Eric Trump requested Hawthorn's help applying his experience running Trump's hotel division.

"Mark, how do you do this in the hotel division?" Eric asked, according to Hawthorn.

"We don't do it like this," Hawthorn said he replied.

The meeting, according to Hawthorn, prompted him to begin an effort to revise the Trump's Organization's bookkeeping policies to replicate his work in Trump's hotel division, which he ran as its chief operating officer. Following Eric Trump's request, he imposed a standardized paperless approach to bookkeeping, so entities could be compared on an "apples to apples basis," Hawthorn testified.

Two current Trump Organization executives are scheduled to return to the witness stand today as part of the defense's case as the trial resumes following the Thanksgiving holiday.

Mark Hawthorn, Trump Hotels' chief financial officer, initially testified for the state's case in October. State attorney Andrew Amer used his testimony as an opportunity to highlight that the Trump Organization had a qualified accountant who could have worked on Trump's statement of financial condition, instead of the top executives who had less accounting experience.

"If any of them had asked you to work with them on preparing Mr. Trump's statement of financial condition, would you have had the knowledge and experience to do so?" Amer asked.

"Yes," Hawthorn responded, adding he was never asked to assist with preparing the statements that are at the center of the attorney general's case.

Patrick Birney, an assistant vice president at the Trump Organization who also testified in October, offered some of the only testimony that supports the attorney general's allegation of a conspiracy to inflate Trump's net worth.

"Did Allen Weisselberg ever tell you that Mr. Trump wanted his net worth on the statement of financial condition to go up?" state attorney Eric Haren asked Birney.

"Yes, I think that happened in Allen Weisselberg's office," Birney said, prompting an objection from Trump's lawyers.

An attorney for Judge Arthur Engoron also filed in support of the gag order in Donald Trump's civil fraud trial, arguing that violent threats have increased since the gag order was lifted.

The limited gag order, which prohibited Donald Trump and his attorneys from publicly commenting about Engoron's staff, was issued by the judge last month after Trump posted about the judge's law clerk on social media. Judge David Friedman of the appellate division's First Department stayed the order on Thursday, citing constitutional concerns over Trump's free speech rights.

Engoron's filing includes a report from Charles Hollon of the Judicial Threats Assessment Unit of the New York State Court System's Department of Public Safety. According to the report, Engoron and his principal law clerk, Allison Greenfield, have been inundated with credible, violent and antisemitic threats since Trump began criticizing Greenfield.

"The threats against Justice Engoron and Ms. Greenfield are considered to be serious and credible and not hypothetical or speculative," Hollon wrote in the report.

Greenfield has been the victim of daily doxing of her personal email address and phone number, receiving dozens of calls, emails and social media messages daily, according to Hollon. Approximately half the harassing messages have been antisemitic, according to Greenfield.

In the report, Hollon wrote that Engoron was the subject of credible threats before the trial had started, but Trump's Oct. 3 Truth Social post directed at Greenfield exponentially increased the number of threats directed at her.

The report included multiple examples of voicemails that were left on the telephone in Engoron's chambers.

Hollon said the messages have created an "ongoing security risk" for Engoron, his staff and family, but that the gag order had been effective in lowering the number of threats.

"The implementation of the limited gag orders resulted in a decrease in the number of threats, harassment and disparaging messages that the judge and his staff received," Hollon said in the report. "However, when Mr. Trump violated the gag orders, the number of threatening, harassing and disparaging messages increased."

Engoron's lawyer, Lisa Evans, said the threats detailed in Hollon's affirmation justify the gag order, which functions as a reasonable limit on free speech.

"The First Amendment does not prohibit courts from limiting speech that threatens the safety of the court's staff," Evans wrote.

Trump's reply to the filing is due on Nov. 27, after which the First Department will decide whether to fully lift the gag order.