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

In their filing this morning arguing against the trial's limited gag order, Trump attorneys Clifford Robert, Chris Kise, and Alina Habba downplayed Trump's connection to the threats against Judge Engoron and his clerk, and argued that they do not justify the gag order's limit on Trump's constitutional right to free speech.

The arguments appeared to be foreshadowed by remarks made to reporters earlier this month by Habba, who has been a forceful voice for the former president both in and out of court.

"The president has never threatened her safety," Habba said of Engoron's clerk. "This is a high profile case, and unfortunately, this is what comes with it. There is not a day that I don't get a threat. It's just part of the game."

"If she had a real threat, she should get off the bench and stop having her photograph taken, but she hasn't done that," Habba added.

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.