Donald Trump testifies in New York civil fraud trial

3:41 pm ET, November 6, 2023

Judge and Trump lawyers discuss motion for mistrial

From CNN’s Lauren del Valle, Kara Scannell and Jeremy Herb in New York

Donald Trump’s attorneys said they wanted to make a motion for a mistrial, engaging in a lengthy debate with Judge Arthur Engron, subject to a gag order about how to elevate his author’s behavior.

“We should at least address the matter,” said Trump’s lawyer, Chris Kiss.

Initially, Engoron told Trump’s lawyers that they should not file such a motion that mentions his staff, saying that he had placed a gag order to protect them.

“I am 1000% sure that you have no right or reason to complain about my confidential communications,” Engoren said.

Trump’s lawyers have complained about Engoron passing notes to his clerk, saying it was a sign of bias in the investigation and urging Engoron to reconsider.

“You can’t respectfully dismiss it before you see it,” Kiss said.

Trump attorney Alina Huba told the judge, “Obviously he’s going to go to a mistrial, and that’s part of the plan.”

“We want to have an opportunity to hear things that haven’t been heard before,” Hubba said.

After conferring with his clerk, Engoron reversed course and said Trump’s lawyers could file a motion, but he asked that it be done in writing.

Once they agreed on a course of action, Engoron joked, “I knew it was going to be a love fest by the looks of it.”

Trump sat back in his chair at the security desk during the exchange.

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