“No 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,” Al Baker, a spokesman for the New York State’s Office of Court Administration, told NBC in a written statement.
The New York state rules of conduct specify that a “a judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers,” though there is wiggle room for a judge to “obtain the advice of a disinterested expert” if the judge gives advance notice to both parties in the case with the possibility of issuing their own responses.
A member of the Trump defense team, Christopher Kise, claimed that the conversation could cast doubt on Engoron’s entire process.
