November 7, 2023

Trump's legal team watched their hopes for an appeal of his New York fraud trial wash right down the drain yesterday, as Donnie's attempt to goad Judge Engoron into some sort of emotional outburst failed miserably.

Judge Engoron has something called "emotional regulation," which the so-called former president hasn't heard of before.

And legal analyst Joyce Vance told Morning Joe on Tuesday that the appeal process is likely to fail, too.

JOYCE VANCE: If that was the strategy, Jonathan, it was an utter failure. Here's why. As y'all have been discussing, this is a bench trial, where the judge sits in for the jury. If there was a jury in the box, the judge would have been forced to restrict Trump's answers. He would have directed Trump as a witness to answer the question. He would have been moving to strike any of these extraneous comments Trump continued to make, which weren't admissible and which were prejudicial. Because the judge is hearing the evidence, the law assumes that the judge can set aside anything that is irrelevant. This is what the judge ended up doing. He let Trump go on. I think that was a deliberate decision that the judge made. Ultimately, if you are Trump's lawyers, sitting at the counsel table, you are watching your only hope of surviving this case, which is the appeal; you're watching it fade away. In advance of the trial, the judge made, as Joe mentioned, the findings about fraud. The trump organization is liable. In essence, the trump organization as a business will be shuttered. They will remove its certificate to operate. On appeal, they would have argued, Trump's lawyers, that that decision by the judge was misplaced. He shouldn't have found fraud as a matter of law. Yesterday, because the judge let Donald Trump ramble, Donald Trump conceded that point. That means this decision should survive appeal, and the Trump Organization, as Trump has operated it for all these years, is at an end.

But wait, there's more:

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