Lawyers on both sides in Donald Trump fraud case urge judge to ignore reported perjury inquiry

Lawyers for Donald Trump and the New York attorney general's office both told the judge Wednesday in his civil fraud trial he shouldn't delay ruling in the case because of reports a witness possibly committed perjury while testifying.

Government lawyers handling the civil case said they were unaware of any plea negotiations between Trump's former chief financial officer, Allen Weisselberg, and Manhattan District Attorney Alvin Bragg’s office, as reported in the The New York Times.

“At this time, we are not involved in any negotiations and are unaware of what specific trial testimony may be the subject of the plea negotiations or whether Mr. Weisselberg has conceded that he testified falsely,” wrote Kevin Wallace, senior enforcement counsel for the attorney general's office.

Trump's lawyers urged the judge to disregard the "speculative" report about Weisselberg.

"The Article simply does not provide any principled basis for the Court to reopen the record or question the veracity of Mr. Weisselberg’s testimony in this case," wrote Clifford Robert, one of Trump's lawyers. "Indeed, we respectfully submit that the Court’s request for comment on this speculative media account is unprecedented, inappropriate and troubling."

Supreme Court Justice Arthur Engoron is in the midst of determining damages in the fraud case and said Weisselberg’s credibility could affect his ruling. New York Attorney General Letitia James has asked for $370 million and a halt to Trump doing business in the state.

Engoron asked the lawyers Monday what they knew about possible plea negotiations.

“As the presiding magistrate, the trier of fact, and the judge of credibility, I of course want to know whether Mr. Weisselberg is now changing his tune, and whether he is admitting he lied under oath in my courtroom at this trial,” Engoron wrote. “I do not want to ignore anything in a case of this magnitude.”

Engoron is aiming to complete his decision by mid-February.

Government lawyers also argued to Engoron that any potential criminal action against Weisselberg shouldn't delay the judge's ruling in the case because other evidence during the trial already showed him to be an unreliable witness.

"In sum, the fact that a defendant who lacks credibility and has already been to prison for falsifying business documents may have also perjured himself in this proceeding or the preceding investigation is hardly surprising," Wallace wrote. "If true, he should be held to account fully for his actions. But it should not delay a final decision and judgment imposing remedial measures in this law enforcement proceeding."

Trump's lawyers argued that after more than three years of investigation, the collection of millions of pages of documents and a three-month trial, "this case is closed."

Weisselberg already served 100 days in jail last year for avoiding taxes on $1.7 million in compensation from the Trump Organization and he is still on probation.

Weisselberg had testified in this trial about the former president falsely claiming his apartment in Trump Tower was three times larger than it was, resulting in $200 million overstatement of its value. But government lawyers said his purported lack of involvement in setting the value was contradicted by documents.

After Weisselberg's October testimony, an article in Forbes magazine argued he lied about not being involved in how the value was set, based on previous interviews he had given the magazine.

Engoron said if Weisselberg perjured himself, the judge could use that as a reason to discount all of his testimony. Engoron said while the news article focused on Trump's penthouse, Weisselberg's testimony on "other topics could also be called into question."

If Weisselberg's testimony benefitted Trump, such as when he described disputes about the value of an office and retail complex at 40 Wall St. in Manhattan, throwing out that testimony could hurt Trump and potentially lead to higher damages.

This article originally appeared on USA TODAY: Lawyers urge judge to ignore perjury inquiry in Donald Trump fraud trial