The New York State Commission on Judicial Conduct has initiated an investigation into allegations that Judge Arthur Engoron was advised by a New York real estate attorney, Adam Leitman Bailey, prior to delivering a massive $454 million fine against former President Donald Trump. This development follows Bailey’s claim to WNBC-TV about a conversation he had with Judge Engoron at the courthouse, a discussion that may have influenced the judge’s decision in a case that accuses Trump of fraudulently inflating the value of his assets.
According to Bailey, the conversation took place three weeks before Judge Engoron issued the substantial financial penalty to Trump. Such interactions could potentially violate New York’s judicial guidelines, which prohibit judges from considering external opinions during active litigation. Bailey disclosed details of this extensive discussion about legal matters, which could bring the judge’s impartiality into question.
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Bailey recounted the circumstances leading to their conversation, stating, “I actually had the ability to speak to him three weeks ago… I saw him in the corner [at the courthouse], and I told my client, ‘I need to go,’ and I walked over, and we started talking… I wanted him to know what I think and why… I really want him to get it right.” This dialogue raises concerns about the appropriateness of such interactions given the judicial standards that govern impartiality and independence.
The attorney, who has appeared before Judge Engoron numerous times, explained that the judge had many questions about specific cases. “He had a lot of questions, you know, about certain cases. We went over it,” Bailey said. He further mentioned that he highlighted the broader economic implications of ruling against Trump, suggesting that it could deter other businesses in New York due to fears of being targeted similarly, even in scenarios lacking actual damages or victims.
