Donald Trump will not speak at New York fraud trial, says judge

Mr Trump at his civil fraud trial in December

Donald Trump will not speak during the closing day of his civil fraud trial in New York.

After speculation over whether the former US president would make a statement, the judge shared emails showing he had not agreed to limits on what he could say.

"Take it or leave it," the judge told Mr Trump's lawyers. "Now or never."

Mr Trump's team also asked the judge to postpone Thursday's hearing because of the death of Melania Trump's mother.

But Judge Arthur Engoron said he was "sorry" but the plans and schedules had already been set.

Mr Trump's civil fraud trial is resuming in New York City on Thursday, when lawyers for both sides are set to make their closing arguments.

The former president and his two adult sons are accused of massively inflating the value of their properties by hundreds of millions of dollars in order to secure better loans. They deny any wrongdoing.

The judge in the case has already ruled that they committed business fraud, but the trial is focusing on six remaining charges - and the judge must also decide how much to fine Mr Trump in penalties. It is not a criminal trial.

The prosecutor, New York Attorney General Letitia James, is asking for Mr Trump to be fined $370m (£290m) and be banned from doing real-estate business in New York.

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'Take it or leave it'

For days, there has been speculation in US media over whether Mr Trump might speak during the closing arguments.

But on Wednesday, Judge Arthur Engoron released emails between himself and Christopher Kise, one of Mr Trump's lawyers which suggested it would not be happening.

In the exchange, Mr Kise first asks the judge for a postponement until the end of January, because of the "deeply personal matter" following the death of Mrs Trump's mother, Amalija Knavs, at the age of 78.

Judge Engoron says he is "sorry to hear the sad news", but denies the request, saying every court appearance by Mr Trump entails a large amount of planning and people to rearrange their schedules.

"Of course, I am also anxious to hear a full day of closing statements as I consider the case as a whole," he adds.

Mr Kise then replies to say Mr Trump will be speaking on Thursday - but the judge says that if Mr Trump wishes to speak, he has to agree to limitations.

During the trial last year, Judge Engoron put a gag order in place that prevented Mr Trump and his team criticising court staff. It came after Mr Trump posted disparaging remarks online about the judge's principal law clerk, with her name, photo and a link to her social media, as he sat in court on the trial's second day.

In reply to the judge's email, Mr Kise says: "This is very unfair, your Honor. You are not allowing President Trump, who has been wrongfully demeaned and belittled by an out of control, politically motivated Attorney General, to speak about the things that must be spoken about."

The judge replies: "I won't debate this yet again. Take it or leave it. Now or never. You have until noon, seven minutes from now. I WILL NOT GRANT ANY FURTHER EXTENSIONS."

A screenshot of the emails released by the judge, with some email addresses redacted

Shortly after the midday deadline, the judge emails Mr Kise again, saying: "Not having heard from you by the third extended deadline (noon today), I assume that Mr Trump will not agree to the reasonable, lawful limits I have imposed as a precondition to giving a closing statement above and beyond those given by his attorneys, and that, therefore, he will not be speaking in court tomorrow."

Mr Trump is still expected to appear in court on 11 January for the conclusion of the trial, which began in October.

Judge Engoron has suggested he will determine the penalties of the case by the end of the month. Because this was a bench trial, there was no jury.