New York State Civil Case Against Trump (452564/2022)

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      Trump’s Credibility, Coherence and Control Face Test on Witness Stand

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      The former president will testify Monday in a trial that threatens the business empire that created his public persona. He will be out of his element and under oath.Donald J. Trump took the rally stage on a scorching August day in New Hampshire, a political shark, brazen and sly, as he ridiculed his legal opponents as “racist” and “deranged.”On Monday, the former president will come face-to-face with one of those opponents, but on a stage where he is far less comfortable.New York’s attorney general, Letitia James, will call Mr. Trump to the witness stand at his own civil fraud trial in Manhattan, where, under oath and under fire, the former president will try to convince a single skeptical judge — not a jury — that he did not inflate his net worth to defraud banks and insurers.Attorney General Letitia James has already won the central contention of the case, that the defendants committed fraud.Doug Mills/The New York TimesPrivately, Mr. Trump has told advisers that he is not concerned about his time on the stand. He held preparation sessions when he was in New York attending the trial and will again over the weekend before he makes his appearance after court begins on Monday morning, according to people briefed on the matter.The former president believes he can fight or talk his way out of most situations. Frequent visits to the courtroom have also given Mr. Trump familiarity with the unwieldy proceeding, where he projects control, often whispering in his lawyers’ ears, prompting their objections to the attorney general’s questions.Yet Mr. Trump is deeply, personally enraged by this trial — and by the fact that his children have had to testify, several people who have spoken with him said — and he may not be able to restrain himself on the stand.The testimony will push Mr. Trump far outside his comfort zone of social media and the rally stage, where he is a master of mockery, a no-holds barred flamethrower who relishes most opportunities to attack foes. He leveraged that persona during his days as a tabloid businessman and fixture of New York’s tabloids and found that it worked just as well in the 2016 presidential race. He has since taken control of the Republican Party, and his style has become a defining influence in contemporary politics.The witness stand is a different venue. It’s a seat that requires care and control, where lying is a crime and emotional outbursts can land you in contempt of court. Another risk during his time on the stand: Mr. Trump, 77, has been showing signs of strain and age on the campaign trail, mixing up the names of foreign leaders and at one point confusing which city he was in.The test of the former president’s credibility, coherence and self-control could supply his opponents with ammunition on the campaign trail, where Mr. Trump is the leading Republican contender for the White House.Along with the civil fraud trial, Mr. Trump faces four criminal indictments from prosecutors up and down the East Coast. While the varied legal woes present a costly distraction in the midst of his third White House run, Mr. Trump has managed to bring the campaign trail to the courthouse, where he casts himself as a political martyr under attack from Democrats like Ms. James.Mr. Trump, of course, is no stranger to the courtroom. He has taken the witness stand in at least two other civil trials, most recently a decade ago, in a Chicago case related to his property there. He was cranky and sometimes combative, but ultimately won.Justice Arthur F. Engoron has barred the former president from commenting on court staff and fined him $15,000.Dave Sanders for The New York TimesDuring a long and litigious career, he has also testified under oath in numerous depositions — more than 100 by his own estimate — and he has made it something of a sport to spar with his interrogators. His spontaneity under oath may have cost him: He has lost several lawsuits, and his depositions have often been used against him.A trial is far weightier than a deposition, and it takes place in a more controlled environment. Mr. Trump’s lawyers have long highlighted for him the perils of speaking under oath to those seeking to hold him to account. Mr. Trump, eschewing his instinct to talk and bully his way out of a problem, has chosen silence when the legal stakes are highest.He declined to appear before a Manhattan grand jury that ultimately indicted him on charges related to a hush-money deal with a porn star. He rejected an interview with a special counsel investigating his campaign’s ties to Russia, submitting written responses instead. And he initially invoked his right against self-incrimination rather than answer Ms. James’s questions about his net worth.He eventually had a change of heart in the attorney general’s case, answering questions under oath in a deposition this spring. Although he could have continued to invoke his constitutional right not to testify, he had a strong incentive to talk: In a civil case, a jury or judge is allowed to draw negative conclusions from a defendant’s refusal to testify. Doing so would have almost certainly spelled doom for his defense and further exposed him to the harshest of the penalties that Ms. James is asking for, including a $250 million fine.Still, his testimony at trial is unlikely to do him much good.Mr. Trump got off on the wrong foot with the judge, Arthur F. Engoron, who will decide the outcome of the trial. Justice Engoron barred the former president from commenting on court staff after Mr. Trump criticized the judge’s law clerk, and already fined him $15,000 for twice violating the order.At one point, Justice Engoron summoned Mr. Trump to the witness stand to determine whether he had broken the rule. After three minutes, the judge concluded the former president’s statements in his own defense were “hollow and untrue.”Even before the trial, the judge ruled that the former president had persistently committed fraud. What is left to be determined is any penalty Mr. Trump might have to pay and whether he will be banished from the world of New York real estate that made him famous.At the heart of Ms. James’s case is the accusation that Mr. Trump, his adult sons and their family business manipulated the former president’s net worth on annual financial statements. Mr. Trump’s company, the Trump Organization, submitted the statements to banks, duping them into issuing favorable loans, Ms. James says.Last week, Mr. Trump’s elder sons, Eric and Donald Trump Jr., took the stand, seeking to shift blame for the financial statements onto others, including the company’s external accountants.When Donald Trump Jr. was shown a message he had sent to the accountants that certified that the statements were accurate, he referred to it dismissively as a “cover-your-butt letter.”And Eric Trump was defiant when asked whether he had intended to tell lenders the truth about the value of the family’s assets. He certainly had, he said, adding, “I think my father’s net worth is far higher than that number.”Eric Trump, the former president’s son, was among three of his children who will testify in the case.Hiroko Masuike/The New York TimesThe former president’s testimony is expected to follow the pattern set out in his deposition in April: He is likely to insist that there was a disclaimer on the financial statements — which he refers to as a “worthless” clause — that made it clear that banks should do their own due diligence. He will also probably cling to the principle that real estate valuations are an art, not a science.“Many lawyers have come to me and said, ‘You have the greatest worthless clause I’ve ever seen,’” Mr. Trump said in the deposition. “‘How can they be using this statement against you?’”Mr. Trump’s obsession with his wealth is a defining feature of his celebrity. He once posed as one of his own aides to claim a higher net worth to a Forbes magazine reporter helping assemble the publication’s famous annual list of the wealthy, according to the reporter who took the call.He used the image of an enormously rich titan of industry — despite a relatively small portfolio compared with New York’s largest developers — to sell his book “The Art of the Deal” in 1987. That ghostwritten portrait was the basis for putting Mr. Trump on the reality television show “The Apprentice,” which enhanced his fame and forged a durable national identity that propelled his run for president in 2015.The questions he’ll face on the stand threaten the heart of that identity.But this is not the first case to tackle Mr. Trump’s exaggerations of wealth. In 2006, Mr. Trump sued the journalist Timothy L. O’Brien for writing a book that cast doubt on his net worth, and in a deposition, Mr. Trump made damaging admissions, including that his net worth “can vary actually from day to day,” and that he determined it by gauging “my general attitude at the time.”“Have you ever exaggerated in statements about your properties?” Mr. O’Brien’s lawyer asked him.“I think everyone does,” Mr. Trump replied.A judge later dismissed Mr. Trump’s lawsuit. More

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      Trump’s Allies Pledged Loyalty to Him. Until They Didn’t.

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      The former president is facing down Michael Cohen, his longtime fixer, in a Manhattan courtroom, while other ex-loyalists are cooperating in a case against him in Georgia.Donald J. Trump could not hide his anger. Sitting at the front of a crowded New York courtroom this week, he folded his arms tightly across his chest. He tossed his head and scowled. He stared into the middle distance and scrolled through his phone.His ire was directed at Michael D. Cohen, his former personal lawyer and fixer, who had taken the witness stand 15 feet away and had promptly called Mr. Trump a liar. Mr. Cohen has told his share of lies as well. But in court, he swore he had done so “at the direction of, in concert with and for the benefit of Mr. Trump.”Mr. Cohen’s two days of dramatic testimony this week provided the first glimpse of what could become a familiar scene: Mr. Trump, sitting at a defense table, watching as a lawyer who once did his bidding now cooperated with the authorities seeking to hold him to account.On the same day Mr. Cohen began his testimony, Jenna Ellis, who had sought to help Mr. Trump overturn the results of the 2020 election, pleaded guilty to state charges in Georgia. She was preceded by Sidney Powell and Kenneth Chesebro, both lawyers who worked with Mr. Trump’s campaign, both now expected to cooperate in the criminal case that the Georgia prosecutors brought against him.The circumstances surrounding the Georgia criminal case and the Manhattan civil fraud trial are vastly different. But near the center of each case are lawyers who pledged public fealty to Mr. Trump — until they very publicly did not.Mr. Trump has long relied on a phalanx of legal attack dogs to speak on his behalf, or to do or say things he would rather not do or say himself. And because Mr. Trump has such a tenuous relationship with the truth, those lieutenants often spread a message that prosecutors and investigators consider to be outright lies. Lies about an election he lost, a relationship with a porn star he may have had and a net worth he may not quite have achieved.Now those statements are ricocheting back at Mr. Trump as he contends with the civil trial in New York, brought by the state’s attorney general, Letitia James, and with four criminal indictments up and down the East Coast. And while Mr. Trump is quick to blame his betrayers — Mr. Cohen is “proven to be a liar,” he said outside the courtroom this week — his predicament was born from his own lopsided approach to relationships.Mr. Trump has a history of disavowing people who were once close to him and find themselves in trouble. He had long since cut ties with Mr. Cohen — until Tuesday, they had not seen each other in five years — and more recently he distanced himself from the lawyers in the Georgia case. He had also refused to pay their mounting legal bills.Their relationships, a one-way street flowing in Mr. Trump’s direction, appeared to work for a time. But when those loyal soldiers faced their own legal jeopardy, their allegiance to the former president became strained or even shattered.There have been exceptions since Mr. Trump’s split with Mr. Cohen. Mr. Trump’s political action committee has picked up the legal bills for his co-defendants in the federal criminal case involving his handling of classified government documents, as well as those of several witnesses connected to the case.Mr. Trump’s company also agreed to dole out a $2 million severance payment to his longtime chief financial officer, Allen H. Weisselberg, and continues to pay for Mr. Weisselberg’s lawyers. Mr. Weisselberg pleaded guilty to tax fraud and testified at the company’s criminal trial last year, but has stopped short of turning on Mr. Trump.Mr. Cohen was among several in a series of people who Mr. Trump turned to over decades in the hopes they would emulate his first fixer and defender, the lawyer Roy Cohn. “Roy was brutal, but he was a very loyal guy,” Mr. Trump told one of his biographers, Timothy O’Brien, in an interview. “He brutalized for you.”That brutality — along with Mr. Cohn’s method of conflating public relations defenses with legal ones, making showy displays in court and accusing the federal government of “Gestapo-like tactics” against Mr. Trump in a 1970s suit alleging housing discrimination — became Mr. Trump’s preferred model for a lawyer.Mr. Cohen has often said that those sort of tactics influenced what Mr. Trump looks for in those who defend him.While it is unclear how useful Ms. Ellis and the other two lawyers will be to the case against Mr. Trump in Georgia, Mr. Cohen has already been tormenting Mr. Trump for the last five years. Ms. Ellis became critical of him publicly in the last several months.Mr. Trump made a point of attending the trial in Manhattan this week to watch Mr. Cohen’s testimony in person.Dave Sanders for The New York TimesFor Mr. Trump, the feud with Mr. Cohen is personal. Although he is running for president and fighting the four indictments, none of those obligations could pry him away from the Manhattan courtroom to watch Mr. Cohen’s testimony. Mr. Trump did not have to attend the testimony, but people close to him say he believes events go better for him when he is present.Mr. Trump’s falling out with Mr. Cohen stemmed from their dealings with the porn star Stormy Daniels.In the final stretch of the 2016 presidential campaign, Mr. Cohen paid Ms. Daniels $130,000 to silence her story of an affair with Mr. Trump years earlier — an affair that Mr. Trump denied had ever taken place.The deal came to light in 2018, and soon, the F.B.I. had searched Mr. Cohen’s home and office. As Mr. Cohen’s life imploded, Mr. Trump began to distance himself from his fixer, and eventually, his company stopped paying Mr. Cohen’s legal bills altogether.Mr. Cohen soon lashed out and began to speak with prosecutors. When he pleaded guilty that year for his role in the hush-money deal, he stood up in court and pointed the finger at the then-president. Mr. Trump, Mr. Cohen declared, had directed the payment of the hush money.Although the federal prosecutors declined to indict Mr. Trump, this year the Manhattan district attorney’s office brought charges against him related to the deal, using Mr. Cohen as a potential star witness for a trial scheduled to start in the spring. Mr. Cohen has also testified before Congress that the former president’s company had manipulated financial statements to reach Mr. Trump’s desired net worth. That testimony was the catalyst for Ms. James to open her investigation.When Ms. James’s team questioned Mr. Cohen on Tuesday, he repeated many of the same accusations, testifying that Mr. Trump had directed him to “reverse engineer” annual financial statements to reach the former president’s desired net worth.Mr. Cohen spoke calmly and confidently as he recounted Mr. Trump’s obsession with his net worth.But the Trump team’s cross-examination exposed the perils of relying on a disgruntled former aide, especially one as temperamental as Mr. Cohen.Mr. Trump’s lawyers seized on Mr. Cohen’s inconsistent statements about the former president and his own crimes, leading him to admit to having lied a number of times. Toward the end of the second day of cross-examination, Mr. Cohen appeared visibly flustered as he tripped over rapid-fire questions about whether Mr. Trump had personally directed him to inflate numbers on his annual financial statements. Mr. Cohen said he had not, prompting Mr. Trump and one of his lawyers, Alina Habba, to throw their hands up in victory.Ms. Habba also resurfaced a series of glowing remarks Mr. Cohen once made about his boss, further underscoring his about-face.“I think he’s going to be an amazing president”; “I’m the guy who would take the bullet for the president”; “I think the world of him, I respect him as a business man and I respect him as a boss,” Ms. Habba emphatically read, as she circled the courtroom with a hand-held microphone like a preacher delivering a sermon.This appeared to delight Mr. Trump, who turned to watch Ms. Habba while draping his arm over her empty chair.Before Mr. Cohen completed his testimony on Wednesday, one of Mr. Trump’s lawyers asked Justice Arthur J. Engoron to dismiss the case, citing Mr. Cohen’s contradictions.Justice Engoron denied the request, and Mr. Trump stormed out of the courtroom.Kate Christobek More

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      La retórica de Donald Trump se ha vuelto más amenazadora. Se puede hacer algo

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      La vida de Donald Trump ha sido una clase magistral de evasión de consecuencias.Seis de sus empresas han sido declaradas en bancarrota, pero él sigue siendo aclamado como un visionario de los negocios. Se ha casado tres veces, pero sigue siendo amado por los evangélicos. Ha pasado por dos juicios políticos, pero sigue siendo uno de los principales candidatos a la presidencia de Estados Unidos. Durante años, los críticos de Trump han creído que llegaría un momento de rendición de cuentas, a consecuencia, por ejemplo, de alguna pesquisa de Bob Woodward o una investigación Robert Mueller. Pero luego llegaba la decepción.Ahora Trump pasa por otro momento de aparente peligro al empezar a enfrentarse a sus acusadores en procedimientos judiciales, penales y civiles. Aún faltan meses para que se conozcan los veredictos de estos casos, pero él está reaccionando con la aparente confianza de que las consecuencias de sus acciones, como siempre, no lo perjudicarán. Pero es igual de importante preguntarse cómo afectará a otros la respuesta de Trump a su último aprieto, especialmente a quienes ahora son objetivo de su indignación.En las últimas semanas, los jueces del caso de fraude civil de Trump en Nueva York y de su proceso penal en Washington han emitido órdenes de silencio limitadas que le prohíben intentar intimidar a testigos y otros participantes en los juicios. (El viernes, Trump fue multado por violar una de esas órdenes). Si Trump las acata —algo que no es seguro—, las directivas no prohíben la gran variedad de amenazas y ataques que Trump ha hecho y da señales de que seguirá haciendo. El discurso actual del expresidente es una amenaza inminente para sus objetivos y quienes los rodean.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please More

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      Trump Fined $5,000 for Violating Gag Order in NY Fraud Trial

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      The former president used social media to attack a clerk for the judge in his civil fraud case, and left a copy of the post online for weeks.The judge presiding over the civil fraud trial of Donald J. Trump fined the former president $5,000 on Friday for a “blatant violation” of a gag order imposed this month.The judge, Arthur F. Engoron, stopped short of holding Mr. Trump in contempt but warned that the former president still could face harsher punishments, even jail time, if he ran afoul of the order again.In the trial’s opening days, Justice Engoron had barred Mr. Trump from attacking his court staff after the former president posted a picture on social media of Justice Engoron’s law clerk, Allison Greenfield, with Senator Chuck Schumer, the majority leader. Mr. Trump labeled Ms. Greenfield “Schumer’s girlfriend” and said she was “running this case against me.”A spokeswoman for Mr. Schumer this month called the social media post “ridiculous, absurd, and false,” adding that the senator did not know Ms. Greenfield.Mr. Trump’s post was removed from his social media platform, Truth Social, on Oct. 3, the day Justice Engoron imposed the gag order, but a copy of the post remained visible on his campaign website.The post was finally removed from the website around 10 p.m. on Thursday, after Justice Engoron learned of it and contacted Mr. Trump’s legal team. A lawyer for Mr. Trump, Christopher M. Kise, said in court on Friday that the failure to remove the post sooner was “inadvertent.” He apologized on behalf of Mr. Trump.In a new order on Friday, Justice Engoron said he had imposed only a “nominal” $5,000 fine because it was Mr. Trump’s first violation and an unintentional error, but he warned that additional infractions would merit harsher punishments.“Make no mistake: future violations, whether intentional or unintentional, will subject the violator to far more severe sanctions,” Justice Engoron wrote. He said possible punishments included steeper fines, holding Mr. Trump in contempt of court and “possibly imprisoning him.”The judge added that, “In the current overheated climate, incendiary untruths can, and in some cases already have, led to serious physical harm, and worse.”Mr. Trump, who has frequently attacked judges, prosecutors and witnesses in the civil and criminal cases against him, is subject to limitations on his speech not only in the Manhattan fraud case, but a federal case in which he is accused of trying to overturn the results of the 2020 election.The judges overseeing the cases must strike a balance between respecting the First Amendment rights of a man seeking the White House again and keeping their courts orderly and dignified.They also must consider what would be an effective punishment — and deterrent — for a man who estimates his net worth in the billions.In the gag order, Justice Engoron had said that personal attacks on his staff were “unacceptable” and that he would “not tolerate them under any circumstances.”He forbade any posts, emails or public remarks about his staff members, adding that serious punishments would follow were he disobeyed.Both his gag order and the one levied by Judge Tanya S. Chutkan, the federal judge in Washington overseeing the election case, leave Mr. Trump wide ambit for comment.Judge Chutkan’s written order, put on hold Friday for more arguments, prevents Mr. Trump from making public comments targeting her staff, the special counsel Jack Smith and his employees, and “any reasonably foreseeable witnesses.”But Mr. Trump remains free to criticize his political opponents, the judges themselves and an American justice system he has described as rigged against him.Mr. Trump has also taken aim at Letitia James, the New York attorney general, who brought the civil fraud case against him, his adult sons and their family business.Ms. James has accused them of fraudulently inflating Mr. Trump’s net worth to obtain favorable loans from banks. The trial will continue next week with the testimony of Michael D. Cohen, Mr. Trump’s former fixer turned nemesis.Mr. Trump himself was absent from the proceedings on Friday, but he attended the trial earlier in the week, using the camera-lined hallway outside the courtroom to issue periodic statements on his legal cases and political matters. In person, he did not come close to violating Justice Engoron’s order. More

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      Donald Trump, Kevin McCarthy and the Ripples of Republican Chaos

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      This week, Donald Trump delivered his version of a sad tiny desk performance, hunched over the defendant’s table in a New York courtroom, diminished and watching the illusion of power and grandeur he has sold voters thin and run like oil in a hot pan.He insisted on appearing in person at his civil fraud trial, apparently believing that he would continue to perform his perverse magic of converting that which would have ended other political careers into a political win for himself.His hubris seemed to consume him, persuading him that in matters of optics, he’s not only invincible but unmatched.He has done it before: In August, he scowled in his mug shot — a precursor to his Fulton County, Ga., criminal trial — summoning the allure of an outlaw, using the photo to raise millions of dollars, according to his campaign.But I think his attempts at cosplaying some sort of roguish flintiness will wind up being missteps. Courtrooms don’t allow for political-rally stagecraft. There’s no place to plant primed supporters behind him to ensure that every camera angle captures excited admirers. He’s not the center of attention, the impresario of the event; no, he must sit silently in lighting not intended to flatter and in chairs not intended to impress.Courtrooms humble the people in them. They equalize. They democratize. In the courtroom, Trump is just another defendant — and in it, he looks small. The phantasm of indomitability, the idea of him being wily and slick, surrenders to the flame like tissues in a campfire.The image was not of a defiant would-be king, but of a man stewing and defeated.The judge in the case even issued a limited gag order after Trump posted a picture of and a comment about the judge’s clerk on Truth Social.Meanwhile, there’s the historic ouster of the House speaker, Kevin McCarthy, by members of his own party for the unforgivable sin of seeking a bipartisan solution to keep the government open.In Greek mythology exists the story of the Gigantomachy, a battle between the Olympian gods and giants. According to prophesy, the gods could emerge victorious only if assisted by a mortal. Hercules came to the rescue.But in Republicans’ version of this drama, McCarthy could have emerged victorious over his party’s anarchists only if Democrats had come to his aid. None did.He was felled by a revolt led not by a giant, but by the smallest of men, not in stature but in principles: the charmless Representative Matt Gaetz of Florida.Anyone who thought that Democrats were going to save McCarthy should have thought again. Ultimately, McCarthy succumbed to the result of his own craven pursuit of power: The rule that Gaetz used to initiate the vote to strip McCarthy of the speaker’s gavel was the rule McCarthy agreed to in order to get his hands on the gavel in the first place.Republicans are engaged in an intense session of self-flagellation. Does it also hurt the country? Yes. But in one way it might help: America needs to clearly see who the culprits are in today’s political chaos, and the damage they cause, so that voters can correct course.And the events of this week should give voters pause. The tableau that emerges from the troubles of Trump and McCarthy is one in which the G.O.P.’s leaders are chastened and cowed, one in which their power is stripped and their efforts rebuked.This is just one week among many leading up to the 2024 elections, but it is weeks like this that leave a mark, because the images that emerge from them are indelible.All the inflamed consternation about Joe Biden’s age and Hunter Biden’s legal troubles will, in the end, have to be weighed against something far more consequential: Republicans — obsessed with blind obeisance, a lust for vengeance and a contempt for accountability — who no longer have the desire or capacity to actually lead.Their impulses to disrupt and destroy keep winning out, foreshadowing even more of a national disaster if their power grows as a result.How Republican primary voters respond to this Republican maelstrom of incompetence is one thing. How general election voters will respond to it is quite another.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and Instagram. More

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      Trump’s Trial Starts Monday. It Will Spotlight What He’s Really Worth.

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      The judge in the civil case has already decided Donald J. Trump inflated his financial statements. Now, he will make rulings that will affect Mr. Trump’s future as a businessman.Follow our live coverage of Trump’s civil fraud trial.From his earliest days as a real estate developer to his renegade run for the White House, Donald J. Trump honed a very particular skill: the art of the boast.“I look better if I’m worth $10 billion than if I’m worth $4 billion,” he once said, disputing his ranking on the Forbes billionaires list.After decades of exaggerating with impunity, Mr. Trump will go on trial Monday, facing a lawsuit brought by New York’s attorney general, Letitia James, that accuses him of inflating his riches by billions of dollars and crossing the line into fraud. It will be the first of several government trials he will face in the coming year, a procession of high-stakes courtroom battles that coincide with his third White House run.And it will be an avidly scrutinized spectacle that will lift the curtain on Mr. Trump’s reputation as a businessman, a core piece of his identity.Ms. James’s civil case, separate from Mr. Trump’s four criminal indictments, accuses the former president, his adult sons and their family business of inflating the value of Mr. Trump’s assets to secure favorable loan terms from banks. Mr. Trump, who has denied wrongdoing, is expected to attend the opening day of the trial and eventually will be called to testify.Before the trial even begins, Mr. Trump is losing. The New York State Supreme Court judge overseeing the case ruled last week that Mr. Trump had persistently committed fraud, deciding that no trial was needed to determine the veracity of the claims at the core of Ms. James’s lawsuit. The judge, Arthur F. Engoron, also imposed a heavy punishment, stripping the Trumps of control over their signature New York properties — a move that could crush much of the business known as the Trump Organization.Ms. James is now asking for more from Justice Engoron, who will determine the outcome of the trial himself; there will be no jury. She wants Mr. Trump to be fined as much as $250 million and to be permanently barred from running a business in New York. If she succeeds, the former president would be unceremoniously evicted from the world of New York real estate that made him famous.The New York attorney general, Letitia James, brought the case under a state law that gives her sweeping power.Hiroko Masuike/The New York TimesWhile there is no doubt that the former president is worth a lot of money, the trial will determine how much he and his adult sons exaggerated that wealth and what the ultimate consequences will be.Howard M. Erichson​, a professor at Fordham Law School who specializes in civil procedure, emphasized that Justice Engoron’s earlier decision had already resolved the question of fraud at the heart of the case. What remained were details, he said.“But those details are important,” he said, “Because those details determine what Donald J. Trump and the Trump Organization will be prohibited from doing, as well as the size of any civil penalty.”Until last week, it appeared as if the trial might not start on time, or have much impact on the former president. Mr. Trump had sued Justice Engoron and Ms. James, claiming that they had ignored an appeals court decision in June that raised the prospect that some of the accusations were too old to proceed to trial. The appeals court granted a brief pause while it considered his case.On Thursday, the appeals court rejected that last-ditch effort, clearing the way for the trial to begin.Mr. Trump has accused Ms. James and Justice Engoron, who are both Democrats, of carrying out a political crusade against him. He has called the judge “deranged” and Ms. James, who is Black, a racist.The former president and his sons, Donald Trump Jr. and Eric Trump, who took the reins of the family business when their father ascended to the White House, are all expected to be called to the witness stand. Ms. James has already questioned Mr. Trump twice under oath, though at one session he invoked his Fifth Amendment right against self-incrimination. A lawyer for Ms. James indicated last week that Mr. Trump will be one of the last witnesses called.Harlan Levy, who served as chief deputy New York state attorney general under one of Ms. James’s predecessors and is now a partner at Foley Hoag, called the former president’s testimony “a wild card.”Whether or not Mr. Trump ultimately takes the stand, Ms. James’s trial kicks off what is shaping up to be one of the most painful periods in his long public life.In March, he will stand trial on federal criminal charges for his effort to overturn the results of the 2020 election. In May, the federal case accusing him of mishandling classified documents and obstructing the government’s efforts to wrest them back is scheduled to go to trial. And after that, he will face two criminal trials from local prosecutors: one in Manhattan, where he was charged related to hush-money payments to a porn star, and the other in Georgia, where he is accused of racketeering for trying to alter the outcome of the state’s vote in the election.The criminal consequences in those cases are starker than the punishments Ms. James is seeking in her civil proceeding; in some of the proceedings, Mr. Trump could face years behind bars.All the legal peril, however, has only helped him politically. Mr. Trump is running far ahead of the rest of the Republican field — his polling went up after he was first indicted this spring — and is a heavy favorite for the 2024 nomination.Yet even as he thrives in the race, Mr. Trump faces a threat to the heart of his identity: Ms. James’s case rips away the facade of unlimited wealth that he is most proud of and that provided the platform for his political rise.The trial will begin at 10 a.m. at the New York State Supreme Court Building on Foley Square in Lower Manhattan, which is emblazoned with the slogan “the true administration of justice is the firmest pillar of good government.”The witness lists suggest that the trial could last months — and will involve a who’s who of Mr. Trump’s universe. More than 50 people are on Ms. James’s list — including Allen H. Weisselberg, the Trump Organization’s former financial gatekeeper who testified in the company’s criminal tax fraud trial last year and who is also a defendant in this case. The list may shrink, and although the trial was scheduled to last nearly until Christmas, it is likely to be shorter.Presiding over it all will be Justice Engoron, a charismatic and eccentric judge who has been a thorn in the side of Mr. Trump and his lawyers for more than a year.Justice Engoron maintains a light atmosphere in the courtroom, often ribbing the lawyers, particularly Christopher M. Kise, who represents Mr. Trump. But he has been harsh at times: Even before he removed Mr. Trump’s control of his New York companies last week, he fined the former president $110,000 for failing to comply with a subpoena. And he fined Mr. Trump’s lawyers $7,500 each for repeating arguments that he had previously rejected.Donald Trump Jr., far left, and Eric Trump took the reins of the family business when their father ascended to the presidency. Drew Angerer/Getty ImagesThose defense arguments essentially amounted to no harm, no foul. Mr. Trump, his lawyers argued, is accused of misleading banks that actually made money from their dealings with him. He never missed a loan payment, and the banks did not rely on the financial statements that Ms. James believes are a work of fiction.But Justice Engoron noted in his ruling last week that a powerful state law allows Ms. James to pursue “persistent fraud” without having to show that a defendant actually intended to defraud anyone, or that their actions resulted in financial loss — a lower bar than most fraud cases. It also affords drastic remedies, empowering her to seek steep financial punishments and the cancellation of Mr. Trump’s certificates to operate a business in New York.Justice Engoron’s decision last week went property by property — from Trump Tower on Fifth Ave to his Mar-a-Lago estate in Florida and a golf course in Scotland — concluding that Mr. Trump had in fact engaged in fraud as Ms. James said. (The accusations concern some of Mr. Trump’s properties outside New York, but any consequences would apply to his assets within the state.)Take, for example, Mr. Trump’s triplex apartment in Trump Tower. Ms. James accused Mr. Trump of overestimating its size, saying it was 30,000 square feet, when it was actually about 11,000. Justice Engoron noted that Mr. Trump’s lawyers had “absurdly” suggested that the calculation of square footage was subjective.“A discrepancy of this order of magnitude, by a real estate developer sizing up his own living space of decades, can only be considered fraud,” he wrote. The matters still to be hashed out at trial will require Ms. James to show that Mr. Trump intended to commit fraud and may require her to convince Justice Engoron that the inflated financial statements were taken seriously by the banks and insurance companies that received them.If Mr. Trump testifies, he will have to do a better job of defending himself than he did in his sworn deposition earlier this year. Justice Engoron was not impressed, as he made clear in his order last week.“The defenses Donald Trump attempts to articulate in his sworn deposition are wholly without basis in law or fact,” the judge wrote. More

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      When Trump Says ‘People,’ He Means ‘His People’

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      Fifty years ago, reviewing Toni Morrison’s novel “Sula” in this newspaper, a critic wrote that Morrison was “far too talented to remain only a marvelous recorder of the Black side of provincial American life”; that to “maintain the large and serious audience she deserves” and transcend the “limiting classification ‘Black woman writer’” she had to “address a riskier contemporary reality.”Morrison, who would go on to win Pulitzer and Nobel Prizes, bristled at reviews like that, which seemed to suggest that she needed to write about white people. She chafed at the notion that writing primarily about Black people was a limitation rather than a liberation. In a 1981 New Republic interview, Morrison put a point on it: “From my perspective, there are only Black people. When I say ‘people,’ that’s what I mean.”This idea, that the parameters of the word “people” can be defined by a speaker or writer, came rushing back to me recently as I was reviewing the increasingly erratic posts and comments of Donald Trump.Intellectually and creatively, Trump is the antithesis of Morrison, but if I come to understand that when Trump says “people,” it is confined to his people, then his inane utterances make more sense to me. In fact, the whole of the MAGA universe begins to make more sense to me.On Sunday, Trump posted on Truth Social, claiming Comcast, MSNBC’s owner, and “others of the LameStream Media” will be “thoroughly scrutinized” because they are “THE ENEMY OF THE PEOPLE” who should pay “for what they have done to our once great Country.”“The people” here means his people, the only worthy and legitimate people, the only ones worth defending because they are the only ones defending him. When he says “our once great country,” he means the country when it most benefited those most devoted to him, at a time when the racial hierarchy was more fixed, the patriarchy was more entrenched, immigrant communities were often whiter and gender identities were more rigid.There’s a reason Trump never attempted to govern as a unifier and isn’t running for re-election as one. Instead, he’s deepening his attachment with loyalists. He wants to reshape America into a nation where his will rules, the law is his tool to punish others and he is exempt from punishment — where his throngs are rewarded for their adoration.It isn’t as simple as saying that Trump wants to drag the country backward. He wants to do something far more destructive: He wants to marry the country’s more intolerant past to a more autocratic future. He wants to bend his brand of straight white male nationalism into a kind of totalitarianism. That his definition of “the people” is implicit, not overt, only helps him. The fact that there are women, people of color and L.G.B.T.Q. Americans who support him doesn’t alter the fundamental nature of his appeal.And I believe that many of his most ardent followers understand this intuitively. They idolize Trump because his craven desire for power, and the protection from prosecution that he believes it will provide, would also offer them a ride on his coattails.A Trump autocracy would redound to their credit and they would be rewarded for it.So they overlook Trump’s manifold legal jeopardies, such as the ruling on Tuesday by a New York judge that Trump committed fraud for years by intentionally misvaluing his properties for personal financial benefit.Trump lashed out at the ruling in a statement posted on Truth Social regurgitating many of his familiar attack lines: calling the judge “DERANGED,” undermining the credibility of the prosecutor and claiming that attempts to hold him accountable are all part of an election interference scheme to prevent him from retaking the presidency.But part of his complaint, which has become a cliché at this point, was that his civil rights are being violated and “If they can do this to me, they can do this to YOU!”He and his people, the true people, are the new civil rights victims, in need of a defensive mobilization to prevent continued injury. Trump defense becomes self-defense.And this works. Trump enjoys a commanding lead among Republicans competing for their party’s presidential nomination. In part that’s because he has the advantage of having already held the presidency, creating an aura of incumbency around him, lifting him and legitimizing him.But his Republican primary standing is also because he is making a political militia of the Republican Party itself, with its core voters activated to defend him no matter what. The person who gave voice to the party’s most base instincts is the hero of the Republican base. He didn’t try to restrict them; he unleashed them.He spoke to and for “the people.” He tailored a particular form of populism, one aimed at xenophobes and subversives.This is, I believe, why Trump maintains strong support even as his legal troubles grow: He has been unflinchingly loyal to one portion of the body politic, and his followers are simply reciprocating.They don’t worry about Trump torching the country if he’s re-elected, because they believe that they will frolic in the ashes. They believe that whatever benefits Trump will eventually benefit them. Trump has deceived his people into believing in trickle-down tyranny.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and Instagram. More

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      Before He Faces a Jury, Trump Must Answer to Republican Voters

      by

      After three other criminal indictments were filed against him, Donald Trump was accused on Monday of racketeering. In a new indictment, Fani Willis, the district attorney of Fulton County, Ga., charged him with leading what was effectively a criminal gang to overturn the 2020 presidential election in that state.The grand jury indictment says Mr. Trump and 18 others violated the state’s Racketeer Influenced and Corrupt Organizations Act, or RICO law, established by the federal government and more than 30 states and used to crack down on Mafia protection rackets, biker gangs and insider trading schemes. The Georgia indictment alleges that Mr. Trump often behaved like a mob boss, pressuring the Georgia secretary of state to decertify the Georgia election and holding a White House meeting to discuss seizing voting equipment.Mr. Trump, along with a group of associates that included his former chief of staff, Mark Meadows, and one of his lawyers at the time, the former New York mayor Rudolph Giuliani, were also accused of a series of crimes that go beyond even the sweeping federal indictment filed this month by the special counsel Jack Smith. The former president, for example, was charged with conspiracy to commit first-degree forgery, for arranging to have a false set of Georgia electors sent to Washington to replace the legitimate ones for Joe Biden. That same act also resulted in a charge against Mr. Trump of conspiracy to impersonate a public officer and a series of charges relating to filing false statements and trying to get state officials to violate their oath of office.Taken together, these four indictments — which include more than 90 federal and state criminal charges implicating his official conduct during his term and acts afterward, as well as in his personal and business life — offer a road map of the trauma and drama Mr. Trump has put this nation through. They raise questions about his fitness for office that go beyond ideology or temperament, focusing instead on his disdain for American democracy.And yet these questions will ultimately be resolved not by the courts but by the electorate. Republican primary voters, in particular, are being presented with an opportunity to pause and consider the costs of his leadership thus far, to the health of the nation and of their party, and the further damage he could do if rewarded with another four years in power.Put aside, for the moment, everything that has happened in the eight years since Mr. Trump first announced his candidacy for president. Consider only what is now on reams of legal paper before the American people: evidence of extraordinarily serious crimes, so overwhelming that many other defendants would have already negotiated a plea bargain rather than go to trial. This is what he faces as he asks, once again, for the votes of millions of Americans.“I’m being indicted for you,” the former president has been telling his supporters. “They want to silence me because I will never let them silence you.” But time and again, Mr. Trump has put his ego and ambition over the interests of the public and of his own supporters. He has aggressively worked to undermine public faith in the democratic process and to warp the foundations of the electoral system. He repeatedly betrayed his constitutional duty to faithfully execute the nation’s laws. His supporters may be just as angered and disappointed by his loss as he is. But his actions, as detailed in these indictments, show that he is concerned with no one’s interests but his own. Among the accusations against him:He took dozens of highly classified documents, some involving nuclear secrets and attack plans, out of the White House and stored them at Mar-a-Lago, his Florida residence, where guests of all kinds visit each year. Then, despite being asked multiple times, he refused to return many of these documents, instead working with his aides and confidants to move and hide the boxes containing them and to destroy video surveillance records of those acts, even after a subpoena from the Justice Department.He attempted to overturn the 2020 election by using what he knew to be false claims of voter fraud to pressure numerous state and federal officials, including his own vice president and top officials of the Justice Department, to reverse voting results and declare him the winner.He sought to disenfranchise millions of American voters by trying to nullify their legally cast ballots in order to keep himself in office. In doing so, he colluded with dozens of campaign staff members and other associates to pressure state officials to throw out certified vote counts and to organize slates of fake electors to cast ballots for him.In one example of the personal damage he caused, Mr. Trump led a scheme to harass and intimidate a Fulton County election worker, Ruby Freeman, falsely accusing her of committing election crimes. The Georgia indictment — accusing him of the crime of false statements and writings in official matters — says he falsely called her a “professional vote scammer” who stuffed a ballot box with fraudulent votes for Mr. Biden.After having extramarital sex with an adult film actress, he falsified business records to hide $130,000 in hush-money payments to her before the 2016 election.That list does not include the verdict, by a New York State court in May, that Mr. Trump was civilly liable for sexual assault against E. Jean Carroll. Nor does it include the ongoing asset and tax fraud prosecution of the Trump Organization by the New York attorney general, Letitia James.Time and again, Mr. Trump has demanded that Republicans choose him over the party, and he has exposed and exploited some genuine rifts in the G.O.P., refashioning the party to suit his own agenda. The party will have to deal with those fault lines and may have to reconfigure itself and its platform. But if Republicans surrender to his demands, they may find themselves led by a candidate whose second term in office would be even more damaging to America and to the party than his first.A president facing multiple criminal trials, some prosecuted by his own Justice Department, could not hope to be effective in enforcing the nation’s laws — one of the primary duties of a chief executive. (If re-elected, Mr. Trump could order the federal prosecutions to be dropped, though that would hardly enhance his credibility.) A man accused of compromising national security would have little credibility in his negotiations with foreign allies or adversaries. No document could be assumed to remain secret, no communication secure. The nation’s image as a beacon of democracy, already badly tarnished by the Jan. 6 attack, may not survive the election of someone formally accused of systematically dismantling his own country’s democratic process through deceit.The charges in the Georgia case are part of the larger plot described in the federal indictment of Mr. Trump this month. But Ms. Willis used tools that weren’t available to Mr. Smith. Georgia’s RICO statute allows for many more predicate crimes than the federal version does, including false statements, which she used to bring the charge against several of the defendants in the fake-elector part of the scheme.Altogether, the Fulton grand jury cited 161 separate acts in the larger conspiracy, from small statements like false tweets to major violations like trying to get the Georgia secretary of state, Brad Raffensperger, to decertify the state’s election by “unlawfully altering” the official vote count, which was in Mr. Biden’s favor. Though some of the individual acts might not be crimes themselves, they added up to what Ms. Willis called a scheme by “a criminal organization whose members and associates engaged in various related criminal activities,” all for the benefit of the former president of the United States.Those legal tools are part of a broad American justice ecosystem that is, at its core, a mechanism for seeking the truth. It is not designed to care about politics or partisanship; it is supposed to establish facts. To do so, it tests every claim rigorously, with a set of processes and rules that ensure both sides can be heard on every issue, and then it puts the final decision to convict in the hands of a jury of the defendant’s peers, who will make the weighty decision of guilt or innocence.And that is what makes this moment different from all the chaos of the past eight years. Mr. Trump is now a criminal defendant four times over. While he is innocent until proven guilty, he will have to answer for his actions.But almost certainly before then, he will have to answer to Republican voters. His grip on the party has proved enduring but not universal; while he is far ahead of the other candidates, a recent New York Times/Siena College poll showed that he is the choice of only 54 percent of likely primary voters. And about half of Republican voters told pollsters for Reuters/Ipsos that they would not vote for him if he was convicted of a felony.The indictments — two brought by elected prosecutors who are Democrats, all of them arriving before the start of Republican presidential primaries — have been read by many as political, and Republicans have said without evidence they are all organized for the benefit of Mr. Biden. Mr. Trump has amplified that message and used it to drive fund-raising for his campaign. Although the outcome of these indictments may have a political impact, that alone does not make them political. To assume that any prosecution of a political figure is political would, in effect, “immunize all high-ranking powerful political people from ever being held accountable for the wrongful things they do,” said Kristy Parker, a lawyer with the advocacy group Protect Democracy. “And if you do that, you subvert the idea that this is a rule-of-law society where everybody is subject to equal justice.”Mr. Trump has repeatedly offered Republicans a false choice: Stick by me, or the enemy wins. But a healthy political party does not belong to or depend on one man, particularly one who has repeatedly put himself over his party and his country. A healthy democracy needs at least two functioning parties to challenge each other’s honesty and direction. Republican voters are key to restoring that health and balance.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More