Donald Trump's Gag Order Reinstituted by New York Appeals Court in Civil Fraud Trial
Former President Trump's freedom to publicly discuss the court staff in the civil fraud trial has been restricted again as a New York appeals court reinstates the gag order, leaving us waiting for the ruling on the DC gag order
The New York appellate court has reinstated a gag order preventing former President Donald Trump and his attorneys from making any public statements about the court staff in the current $250 million civil fraud trial. This decision comes after Judge Arthur Engoron initially imposed the order in response to Trump's repeated comments about a clerk he believed was biased against him.
The Deutsche Bank logo is visible on a branch in Frankfurt am Main, western Germany, on February 4, 2021. The bank announced its preliminary results for the 2020 financial year, revealing its first annual profit in six years. The strong gains at its investment banking division, once considered a problem area for the business, contributed to this achievement. In 2020, the net profit reached 113 million euros, with net earnings for the fourth quarter coming in at 51 million euros. (Photo by Armando BABANI / AFP) (Photo by ARMANDO BABANI/AFP via Getty Images)
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Last week, there were numerous threats made against Engoron and the law clerk, which were made public. According to court documents, the law clerk received 20 to 30 calls daily on her personal cell phone and 30 to 50 messages on social media platforms and two personal email addresses. The latest appellate ruling states that the motion has been denied and the interim relief granted by an order of a Justice of the Court dated November 16, 2023, has been vacated.
The gag order, which was temporarily lifted earlier this month by the appeals court, has now been reinstated while the official appeal is ongoing. Engoron announced the reinstatement of the gag order during a break in the trial on Thursday morning.
The judge stated that he will strongly enforce the gag orders and ensure that counsel informs their clients that the stay was lifted. Trump's attorney, Chris Kise, expressed that although it is a tragic day for the rule of law, they are aware of the situation.
Engoron responded with the phrase "It is what it is."
The New York attorney general's office filed a $250 million lawsuit, accusing Trump and his co-defendants of repeatedly committing fraud by inflating assets on financial statements in order to secure more favorable terms on commercial real estate loans and insurance policies. Engoron has already determined that the former president is responsible for fraud and is now deliberating on the amount the Trumps will need to pay in damages.
Trump urged the appeals court to uphold the block on the gag order, arguing that threats against the judge and his law clerk do not warrant restricting the former president's constitutional right to defend himself.
On Truth Social, Trump has made multiple posts about Engoron's clerk, initially claiming last month that she was a "girlfriend" to Senate Majority Leader Chuck Schumer, a Democrat from New York, and sharing a picture of them together.
"How disgraceful!" Trump wrote. "This case should be dismissed immediately."
Trump also went after the clerk in his comments outside the courtroom, though he didnt mention her by name.
"And this biased judge, who has a personal vendetta against Trump. The only person who dislikes Trump more is his colleague up there," Trump stated. "The individual who collaborates with him. She is constantly whispering in his ear whenever we inquire. It's shameful. It's truly shameful."
Engoron has imposed two fines on Trump, totaling $15,000, for violating the gag order.
Waiting on DC gag order ruling
Trump is awaiting another appeals court to rule on a separate gag order in the federal election subversion case against him brought by special counsel Jack Smith.
Former President Donald Trump speaks to Texas state troopers and guardsmen at the South Texas International Airport on Sunday, November 19, in Edinburg, Texas.
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Earlier this month, a three judge panel of the DC US Circuit Court of Appeals heard oral arguments on the temporary gag order issued by Judge Tanya Chutkan against him. The limited gag order restricts Trump's ability to directly attack Smith, members of his team, court staff, or potential trial witnesses, but allows him to criticize the Justice Department, proclaim his innocence, and argue that the case is "politically motivated." The appeals panel had temporarily frozen the gag order when they agreed to hear the case.
This story has been updated with additional developments.
CNNs Shania Shelton contributed to this report.
