Trump motions to have judge in New York civil fraud case recused

Lawyers for former President Donald Trump have filed a new motion in his New York civil fraud case alleging that the judge engaged in "prohibited communications" and should recuse himself. 

In a motion filed with the New York State Supreme Court, Trump's lawyers accuse Judge Arthur Engoron of engaging in actions "fundamentally incompatible with the responsibilities attendant to donning the black robe and sitting in judgment."

That action refers to a conversation Engoron allegedly had with New York City real estate attorney Adam Leitman Bailey "regarding the merits of this case, the permissible scope of the New York State Attorney General’s and this Court’s own authority under Executive Law…and the consequences of this Court’s decision on business in the State."

"The New York Code of Judicial Conduct exists to ensure that litigants are afforded a fair and impartial trial. Justice Engoron's communications with Attorney Adam Leitman Bailey regarding the merits of this case, however, directly violate that code and demonstrate that Judge Engoron cannot serve as a fair arbiter. It is clear that Judge Engoron should recuse himself immediately," Alina Habba, spokesperson for Trump said in a statement. 

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According to the filing, Bailey told ABC in an interview that he had tried to advise Engoron weeks before the judge's decision. 

"Although Mr. Bailey claims that President Trump was not mentioned by name in the conversation, when asked whether ‘it was obvious that [his] input was related to this case,’ Mr. Bailey stated ‘well[,] obviously we weren’t talking about the Mets,’" the filing says. 

Engoron in February found Trump liable for more than $350 million in damages in the civil fraud case brought against him by New York Attorney General Letitia James.

James' case also targeted Trump's family and the Trump Organization. Engoron ruled that Trump and defendants were liable for "persistent and repeated fraud," "falsifying business records," "issuing false financial statements," "conspiracy to falsify false financial statements," "insurance fraud," and "conspiracy to commit insurance fraud."

The judge criticized Trump's behavior during the trial, saying that he "rarely responded to the questions asked, and he frequently interjected long, irrelevant speeches on issues far beyond the scope of the trial."

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According to the ABC report cited in the filing, a spokesperson for the court said: 

"[N]o ex parte conversation concerning this matter occurred between Justice Engoron and Mr. Bailey or any other person. The decision Justice Engoron issued February 16 was his alone, was deeply considered, and was wholly uninfluenced by this individual."

The filing notes that since those allegations have come to light, "it is reported that the New York State Commission on Judicial Conduct has launched an investigation into this Court’s conduct" and that "at least a dozen news outlets have reported on both the alleged ex parte communication and the pending investigation."

"The law is clear that any communication outside of the presence of the parties or their lawyers must be strictly scrutinized," lawyers for Trump argue in the filing. "The Court is obligated to avoid attempted ex parte communications, and if an ex parte communication does occur, the Court should, at minimum, promptly notify all parties of the communication."

"The appropriate remedy for the ex parte communication is notification to the parties and recusal," it states. 

"Here, it is beyond dispute that neither Defendants nor the Attorney General were present during the purported communication with Mr. Bailey. Nor did this Court ever notify either party that the purported communication took place, which would have at least permitted an opportunity for comment on the substance of the conversation, as conveyed by this Court," the filing states. 

"Worse yet, Mr. Bailey’s account indicates that this Court not only permitted but welcomed such prohibited communication. According to Mr. Bailey, this Court was an active participant in a conversation concerning the merits of the case, wherein this Court asked Mr. Bailey a ‘lot of questions.'" 

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Bailey did not immediately respond to Fox News Digital's request for comment. 

Notably, Bailey years ago successfully sued then-real estate mogul Trump over a condo dispute. 

"For the foregoing reasons, Defendants respectfully request that this Court recuse itself, or, in the alternative, set the matter down for an evidentiary hearing, and grant any such other and further relief it may think proper," the filing concludes. 

Fox News Digital's Bradford Betz and Brooke Singman contributed to this report. 

3,300-year-old sunken ship found in Mediterranean at a depth where time has 'frozen,' Israel says

A 3,300-year-old ancient sunken ship dating back to the Bronze Age has been discovered in the Mediterranean Sea at a depth where time has "frozen," the Israel Antiquities Authority announced Thursday. 

The agency, which describes the find as the "first and oldest wrecked ship discovered to date in the deep sea in the eastern Mediterranean," says it was first spotted last year about 56 miles off Israel’s coastline by Energean, a natural gas company that was conducting a survey in the area. 

"The ship appears to have been eroded as a result of a distress it got into in a sea storm, or perhaps in the event of an encounter with pirates -- a phenomenon known from the Late Bronze Age," Yaakov Sharavit, the director of the IAA’s Unit of Marine Archaeology, said in a statement. 

"This is a world-class, historical-altering discovery," Sharavit was also quoted by the Jerusalem Post as saying. "This find reveals to us as never before the ancient mariners’ navigational skills – capable of traversing the Mediterranean Sea without a line of sight of any coast." 

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The ship’s remnants were found more than a mile below the surface at a depth "where time was frozen in the moment of disaster" and has been untouched by humans or currents that affect shipwrecks found in shallower waters, according to Sharavit. The IAA says it sank sometime between 1400 and 1300 B.C. 

Sharavit says only two other Bronze Age shipwrecks have been discovered throughout history, both near Turkey. 

Energean Environmental Team Leader Karnit Bachartan said the ship was found during the survey by an "advanced underwater robot." 

"We identified an unusual sight of what seemed to be a large cluster of jugs resting on the ground," she said.  

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"Upon reviewing the site and mapping using the robot, it was clear that this was a shipwreck about 12 to 14 meters long, carrying hundreds of jugs that only some of them could be seen on the surface," she added. 

The rest of the ship appears to be buried deep in mud on the seafloor, researchers say. 

The IAA says two of the jugs were later pulled from the depths to be examined for research purposes. 

It added that the jugs are believed to have held oil, wine and other agricultural products.