An appeals court reinstates gag order that barred Trump from maligning court staff in NY fraud trial
The New York Court of Appeals reinstated on Thursday a gag rule that prohibited Donald Trump from making comments about court staff after he repeatedly disparaged an assistant law clerk during his civil fraud trial in New York.
Two weeks earlier, an individual appellate court judge had put on hold the gag order while the appeals procedure played out.
The trial judge Arthur Engoron who imposed this restriction said that he would enforce it “rigorously” and “vigorously.”
Christopher Kise, an attorney for Trump, called it “a sad day for the rule-of-law.” Steven Cheung complained that the gag was nothing but “an attempt at election interference which is failing horribly.”
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Engoron issued the gag order on Oct. 3, after Trump made a derogatory social media comment about a law clerk of the judge. The post included an unfounded allegation regarding the clerk’s private life. It was posted on the second day of a trial for the lawsuit brought by New York Attorney-General Letitia James.
James’ lawsuit claims that Trump exaggerated the wealth of his financial statements, which were used to obtain loans and close deals. Trump denies all wrongdoing. The Republican front-runner for 2024 claims that the lawsuit was a political attack, instigated and advanced by Engoron and James, both Democrats.
Engoron fined Trump $15k for violating the gag orders during the first weeks of the trial. After Trump’s lawyers questioned the prominent role of clerk Allison Greenfield on the bench, the judge extended the gag order to cover all parties. She sits next to the judge and advises him on testimony, exchanging notes with him.
Trump’s attorneys sued Engoron for his gag order, claiming it was an abuse of authority.
State lawyers supported this restriction. They said it was reasonable to protect Engoron’s staff. A court attorney linked Trump’s remarks to an increase in the number of nasty messages and calls directed at Engoron and his law clerk.
In a sworn declaration last week, a court security captain stated that Greenfield receives 20-30 calls / day on her cell phone as well as 30-50 messages / day via social media and LinkedIn.
The captain said that Greenfield had received enough voicemails harassing her to fill up 275 pages of single-spaced transcripts, and that approximately half of the messages were antisemitic.
The lawyers for Trump then argued, that although the messages and calls were “vile” and “reprehensible,” Trump shouldn’t have been silenced due to other people’s bad behaviour. Trump nor his lawyers have ever encouraged or condoned harassment or threats against Greenfield.
They claimed that the gag orders violated his right to free speech.
Trump’s attorneys wrote: “As the frontrunner for the Republican presidential nomination in 2024 and as a trial citizen, President Trump has every right to comment on his perception of bias.”
Trump, who had the gag order suspended, posted on Wednesday about Greenfield, calling the judge’s “very upset and angry law clerk.”
Trump has also attacked the family of Engoron, citing negative social media posts that he claimed were posted by Engoron’s wife. Al Baker, a spokesperson for the court system, said on Thursday that it did not.
Engoron had ruled, before the trial, that Trump and others were guilty of fraud. He ordered that a receiver be appointed to take control of Trump’s property, which would put their future supervision in doubt. This order has been put on hold by an appeals court.
The trial is about remaining allegations of conspiracy, fraud in insurance and falsifying records. James wants more than $300,000,000 in penalties, and to ban Trump from doing business in New York.
Trump will be called to the witness stand for a second testimony on December 11. The testimony should be completed shortly thereafter.
According to a schedule outlined on Thursday, the two parties will then be required to file documents and present their closing arguments by January.
Engoron will decide the verdict in this non-jury trial. He said that he hopes to make a decision before the end of the month.
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