Donald Trump’s testimony was the headline in his New York fraud trial. But lawyers Chris Kise and Alina Habba also don’t care about angering Judge Engoron.
Donald Trump’s combative testimony was the headline on Monday in his fraud trial in New York state court. He called Attorney General Letitia James a “political hack,” complaining “the fraud is her.” Outside the courtroom he protested that Judge Arthur Engoron “ruled against me, and he said I was a fraud before he knew anything about me.”
Since Trump had already been railing against the case outside the courtroom, it shouldn’t have surprised anyone that he was on the attack inside of it. Perhaps the only surprise is that Trump’s attorneys have been getting in on the act too.
And to be clear, I’m not talking about the fireworks in court. Defense counsel Christopher Kise and Alina Habba have frequently and bitterly argued with Engoron throughout this trial. But in the courtroom, attorney comments should be judged by a different, more permissive standard. The rules of professional responsibility require attorneys to be zealous advocates for their clients. That means sometimes pushing the limits with the judge while court is in session.
There’s no ethical rule that requires lawyers to argue their case to the press while the court is on a break, however.
Actually, it’s usually in the interests of both civil and criminal defense attorneys in high-profile cases to simply say “no comment” as they hurry to and from the courthouse. The traditional thinking is that there’s no reason to unnecessarily irritate the judge or the other parties.
