Judge Arthur Engoron should not have permitted former President Donald Trump to speak to him directly in court, but as he did, it was "bad policy" to cut him off, former New Jersey Superior Court Judge Andrew Napolitano said on Newsmax Friday.
"Most judges would not let a litigant give a closing argument because the litigant doesn't know the court rules," Napolitano told "Wake Up America," explaining that would mean in Trump's case, the defendant would be "testifying without the benefit of cross-examination."
"Most judges often get in trouble, meaning opening themselves up to appeal when they are too tolerant," he added. "He basically should have said yesterday, Mr. Trump, I respect your right to speak to me. You already were on the witness stand twice, and you have a superb team of lawyers here. They'll make the closing argument."
Thursday, Trump spoke for about six minutes before Engoron, who had refused Trump's request to give a closing statement at the trial, cut him off.
"It was Donald Trump speaking from his heart believing that he really is wronged, then aggrieved here, that there are no victims in this case, except for him," said Napolitano. "It caused the judge to cut him off, and it was an act of rudeness that shouldn't have happened, meaning it shouldn't have happened in the first place."
Napolitano said the incident reminds him of "Trump's mentor" and attorney Roy Cohn, who, while facing trial for tax evasion told the judge his attorney was sick and that he would be making the closing argument.
"Before anybody realizes what's happening, Roy is testifying on his own behalf," said Napolitano. "The next day he is found not guilty. I am certain he told that story to Donald Trump … he was Trump's most astute mentor in the ’70s and ’80s. Trump was his favorite client."
Meanwhile, in the current case, Trump has not been accused of a crime, but of civil fraud, and "there are no victims," said Napolitano.
Instead, New York Attorney General Leticia James, in pushing for the case, is "so far off track" in the case, said Napolitano.
"The only alleged victim out of her own mouth here is Deutsche Bank," he said. "Well the senior vice president of Deutsche Bank got on the witness stand and said, 'Not only did we not lose any money, we made a lot of money, and we would work with the Trump organization again.'"
James also had campaigned on the promise of prosecuting Trump, and Napolitano called it a "defect in the system" in New York that has elections for attorney general positions.
"The preferred system, in my view, is the federal system, the system we have in New Jersey and 14 other states where you are scrutinized by the Bar Association, scrutinized by the people appointing you, and then you're appointed for office," he said. "[James] made a promise and she delivered on it. Trump is the victim of that promise."
Engoron's verdict will be revealed by the end of the month, Napolitano added, predicting that the decision will "clobber" Trump as James is seeking $370 million.
"I think he has prepared for that kind of a loss," said Napolitano, but he expects Trump to appeal and win.
"Every time this judge has been taken to the appellate court he's been reversed," said Napolitano.
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Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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