Trump attorneys argue for mistrial in NY fraud case to 'salvage what is left of the rule of law'

Attorneys representing the Trump Organization in the ongoing civil fraud case in New York court have now filed for a mistrial, playing what may be their last card in a dwindling hand.

According to the Daily Beast, the former president's legal team argued a mistrial was necessary, primarily due to the actions of Judge Arthur Engoron's law clerk, Allison Greenfield. Trump prompted Engoron to issue a gag order after the ex-president accused Greenfield of "palling around" with Senate Majority Leader Chuck Schumer (D-New York). Trump violated that gag order twice, which resulted in Engoron fining him $5,000 for the first offense and $10,000 for the second. The mistrial motion suggested Greenfield displayed "bias" and "partisan activities" that inhibited Trump's ability to get a fair trial.

"This appearance of bias threatens both Defendants’ rights and the integrity of the judiciary as an institution," Trump's lawyers wrote. “Greenfield’s unprecedented role in the trial and extensive, public partisan activities, would cause even a casual observer to question the court’s partiality. Thus, only the grant of a mistrial can salvage what is left of the rule of law.”

POLL: Should Trump be allowed to hold office again?

"The Principal Law Clerk is given unprecedented and inappropriate latitude," the motion added. "Indeed, before the Court rules on most issues, the Court either pauses to consult with her on the bench or receives from her contemporaneous written notes. While a Justice of the Court no doubt has ample discretion to consult with his or her Law Secretaries, this unprecedented arrangement exceeds the outer limits of such discretion."

The mistrial motion is not likely to be granted, as Judge Engoron — who is overseeing the trial and will decide its verdict from the bench — already determined that fraud occurred in a pre-trial decision issued in September. The only outcome from the trial still in question is whether Trump and his company will be compelled to pay the full $250 million in civil penalties that New York Attorney General Letitia James is seeking.

Aside from Greenfield, Judge Engoron himself has also been subjected to attacks from both Trump and his allies. Rep. Elise Stefanik (R-New York), who chairs the House Republican Conference, recently submitted an official complaint about the judge to the New York State Commission on Judicial Conduct. Stefanik alleged that Engoron "displayed a clear judicial bias against the defendant throughout the case," and echoed Trump's attacks on Greenfield.

"Judge Engoron has gone on to gag and fine President Trump for merely criticizing Judge Engoron’s law clerk, which is core political speech protected by the First Amendment," Stefanik wrote. "If anyone in America must have the constitutional right to speak out against the judge, his staff, the witnesses, or the process, it’s a defendant going through a process he believes is politicized and weaponized against him."

READ MORE: House GOP leader files complaint against Judge Engoron: 'Weaponized lawfare against President Trump'

Trump's legal team is currently in the middle of presenting its defense in the case, which NBC News legal reporter Ryan Reilly said could take "weeks and weeks."