Trump has frequently vented in the courthouse hallway and on social media about the trial, James and Judge Arthur Engoron, also a Democrat.
But after he assailed Engoron’s principal law clerk on social media Tuesday, the judge imposed a limited gag order, commanding all participants in the trial not to hurl personal attacks at court staffers. The judge told Trump to delete the “disparaging, untrue and personally identifying post,” and the former president took it down.
The non-jury trial concerns six claims that remained in the lawsuit after Engoron’s pretrial ruling, and the trial is to determine how much Trump might owe in penalties. James is seeking $250 million and a ban on Trump doing business in New York.
On Wednesday, an accountant who prepared Trump’s financial statements for years was to continue testifying as a witness for the state. James’ lawyers are trying to show that Trump and others at his company had full control over the preparation of the statements.
The accountant, Donald Bender, told the court Tuesday that the Trump Organization didn’t always supply all the documents needed to produce the statements, despite attesting in letters to the accounting firm that the company had provided all financial records and hadn’t “knowingly withheld” relevant data.
During cross-examination, Bender acknowledged he missed a change in information about the size of the former president’s Trump Tower apartment.
Defense lawyer Jesus M. Suarez seized on that, telling Bender that Trump’s company and employees were “going through hell” because “you missed it.”
Bender responded: “We didn’t screw it up. The Trump Organization made a mistake, and we didn’t catch it.”
Trump plans to testify later in the trial.