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

Defense attorney Clifford Robert said the defense team was able to "streamline" their case and cut Eric Trump from their witness list.

After being called to the stand by the state last month, Eric Trump had been scheduled to testify for the defense on Wednesday, but now he will not appear.

Trump lawyer Chris Kise also requested that Judge Engoron postpone Donald Trump's testimony until the New York Court of Appeals rules on Trump's appeal of the case's gag order.

"He is not capable of fully testifying because he is subject to the gag order," Kise said.

Engoron flatly denied the request to delay Trump's testimony, which is scheduled for Monday.

"Absolutely not. No way, no how. It's a nonstarter," Engoron said. "If he is going to testify, it'll be Monday, and that's that."

Donald Trump's Mar-a-Lago Club was worth more than $1.2 billion in 2021 -- roughly double the value listed in Trump's statement of financial condition -- according to defense expert Lawrence Moens.

Describing Mar-a-Lago as a castle nestled on 17.6 acres of waterfront property, Moens said he determined the value by considering nearby properties and adding the total value of the club's 500 memberships, which in 2021 cost $350,000 each.

Between 2011 and 2021, Moens' analysis found that Trump undervalued Mar-a-Lago in his statements of financial condition -- but his analysis appeared to be based on Trump being able to sell the property to an individual to use it as a private residence, which the New York attorney general says Trump is prohibited from doing based on a 2002 deed he signed that would "forever extinguish their right to develop or use the Property for any purpose other than club use."

Judge Engoron only qualified Moens as an expert on the value of residential real estate.

Moens spoke with confidence about his ability to value real estate in Palm Beach, saying that he has sold billions of dollars of real estate since his first sale as a broker in 1982. Asked if any broker has sold more Palm Beach real estate than he has, Moens replied, "They don't exist."

"I am on the front lines everyday of selling properties, and I have a pretty good handle of what is going on currently in the market," Moens said. He later added, "My numbers are usually right."

Moens also put together a seven-minute promotional video about Mar-a-Lago, which was played during his testimony. Set to relaxing music, the video included high-resolution drone shots and dramatic panning shots of the property's amenities. After the video played, Moens highlighted details such as hand-carved stones, gold decorations that cost millions to construct, and other details that required years of work from tradesmen.

"I invited the attorney general's office to come see it anytime. The offer still stands," Moens said. "I will make sure he is not there when you come," he said of Trump.

Engoron appeared attentive to Moen's testimony -- but once Moens left the courtroom, he indicated that he wasn't as concerned about Mar-a-Lago's specific value as he was about whether it was misrepresented.

"I see this case about the documents -- whether the defendants used false documents when transacting business," Engoron said. "I am not trying to figure out what the value is ... I don't necessarily consider it relevant."

Defense expert John Shubin attempted to explain that a 1993 agreement preserved Donald Trump's right to sell his Mar-a-Lago social club as a private residence.

The testimony came after Judge Engoron prevented Shubin from sharing his own conclusion about whether Mar-a-Lago was a residence, leading Shubin to read into the record several documents involving the issue.

Shubin suggested that a 1993 agreement between Trump and the town of Palm Beach included a provision that Trump's property would revert from a social club to Trump's private residence if the club was ever abandoned, despite Trump's 2002 deed restricting the property's use to a social club.

Shubin also read into the record documents related to a 2021 Town of Palm Beach town meeting concerning whether Trump could continue to live at Mar-a-Lago as his residence.

"In sum, it is argued that Mar-a-Lago is either a private residence or a club, but cannot be both," Palm Beach Town Attorney John C. Randolph wrote in a report read by Shubin.

"If he is a bona fide employee of the Club, absent a specific restriction prohibiting former President Trump from residing at the club, it appears the Zoning Code permits him to reside at the Club," Randolph's report concluded.

According to Shubin, no action was taken by the town after the meeting, suggesting Town officials concluded that Trump had the right to use the club as a residence.

New York Attorney General Letitia James has accused Trump of valuing the property as a residence worth upwards of half a billion dollars in Trump's financial statements, while treating it as social club worth between $18 million and $28 million for tax purposes.

Introduced as an expert on land use, planning, entitlements and zoning, a witness for the defense immediately pushed back on New York Attorney General Letitia James' chief argument that Trump's Mar-a-Lago property was restricted to use as a social club -- a claim that Judge Engoron called the "ultimate issue on Mar-a-Lago."

"There is absolutely no prohibition on the use of Mar-a-Lago as a single-family residence," said defense witness John Shubin.

Engoron barred Shubin from testifying about legal conclusions and immediately sustained an objection from the state regarding the testimony.

"It absolutely is a legal conclusion," Engoron said, prompting defense lawyer Clifford Robert to unsuccessfully try to rephrase his question.

"Why don't we just look through the documents and run backwards?" defense lawyer Chris Kise suggested.

Shubin's testimony runs contrary to evidence presented by state lawyers that Trump signed a 2002 deed that surrendered his right to develop the property "for any purpose other than club use."