Story · November 14, 2023

Trump Fraud Case’s Bigger Problem Was Already On The Record

Fraud record and case chronology Confidence 5/5
★★★☆☆Fuckup rating 3/5
Major mess Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: Correction: A Dec. 14 appellate ruling later dismissed Trump’s Article 78 challenge to the gag and contempt orders; it did not disturb the Sept. 26 fraud liability ruling.

By Nov. 14, 2023, the central fraud finding in the New York civil case against Donald Trump was already on the books. Justice Arthur Engoron had issued the main liability ruling on Sept. 26, 2023, finding Trump and co-defendants liable for persistent fraud tied to false financial statements. Whatever else was happening in the case that fall, Nov. 14 was not the date of a fresh merits decision on fraud.

That timeline matters because the later courtroom activity was procedurally different from the fraud ruling itself. In the fall, the case generated fights over gag orders and contempt sanctions, including orders entered on Oct. 3, Nov. 3 and Oct. 20 and Oct. 26, 2023. Those disputes became the subject of a later appellate proceeding, but that order did not arrive until Dec. 14, 2023. It addressed whether Trump and the other petitioners could use an article 78 petition to wipe away the gag and contempt orders; the court dismissed the petition as to those issues and said the proper path was ordinary appellate review.

So the clean chronology is simple: the major fraud liability ruling came first, on Sept. 26. The later November motions and the December appellate order dealt with procedure, speech restrictions and contempt, not a new finding that fraud had occurred. By Nov. 14, the damaging part of the record was already fixed, and the rest of the litigation was about what the court and the parties could still fight over next.

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