Judge Upholds $10,000 Fine Against Trump for Violating Gag Order

Judge Arthur Engoron justified his $10,000 fine imposed on Donald Trump for breaching the gag order preventing him from publicly discussing members of the judges staff, dismissing the latest appeal made by Trump's legal team to revoke the penalty. Prior to the commencement of trial testimony on Thursday, Trump's attorney Chris Kise requested Engoron to reconsider the imposed fine. In response, Engoron stated that he would review the video containing Trump's statements to reporters on Wednesday that led to the fine and subsequently reassess the situation.

"Protecting my staff is my priority," stated Engoron, emphasizing that anyone has the opportunity to run for president. Following the court's initial break, Engoron reentered the room and upheld the fine, confirming his decision after reviewing the video evidence.

The judge stated that there was a distinct shift in Trump's remarks, first regarding Engorons clerk and then discussing Michael Cohen.

Trump's legal team has expressed their intention to appeal the recent sanctions imposed on the former president. They have already appealed two previous sets of sanctions that were imposed in this case.

Trump faced sanctions for making partisan comments about the judge and his associate during a trial break on Wednesday, while Cohen, his former lawyer and fixer, was testifying.

Engoron implemented a gag order early in the trial due to Trump's social media attack on his clerk. Additionally, the judge issued a detailed written order further explaining the previous ruling made on Wednesday.

On Wednesday, October 25, 2023, at the New York Supreme Court, former President Donald Trump can be seen at the center accompanied by his lawyers, Christopher Kise on the right and Alina Habba. The photo captures the moment during the continuation of his civil business fraud trial. (Dave Sanders/The New York Times via AP, Pool)

Dave Sanders/The New York Times/Pool/AP

Trump is forced to play by the rules in court and doesnt like it

The judge wrote on Thursday that using vague language to create uncertainty about whether the defendant violated the clear gag order is not a valid defense. The judge stated that it was unmistakably clear that Donald Trump's statement to the press was about my Principal Law Clerk, and therefore, he intentionally violated the gag order.

Kise, in a lengthy application, requested the judge to reconsider the sanctions ruling. While he reiterated that Trump was referring to Michael Cohen in his statement, he also argued that if Trump was actually referring to the clerk, it was within his rights to do so as a comment on his personal perception of bias in the court proceedings.

Engoron pointed out the irony in the situation. On one hand, it was stated that Mr. Trump was not referring to the law clerk, but at the same time, an argument was made that she was present. This happened during the first debate, where the discussion revolved around the fine.

Kise defended Trump by labeling the trial as political. He mentioned that even if Trump was talking about the clerk, her name was not mentioned, and it was simply an observation about the fairness of his trial. Kise believed that Trump's First Amendment rights should protect his ability to make such observations.

"I do not consider this trial political at all," Engoron responded.

First Amendment protections have "limits," Engoron said, especially when the gag orders purpose is to protect his staff.

"There are essentially three individuals. I don't believe it infringes upon anyone's First Amendment rights," he stated.

On Wednesday, Kise argued that Trump was referring to Cohen, not Engorons clerk. However, the judge rejected the explanation and even organized an unplanned hearing on the subject that same Wednesday, summoning Trump to the witness stand in an unprecedented moment.

In his written order Thursday, Engoron said the explanation Trump gave that he was talking about Cohen did not pass muster.

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An upset Trump speaks to reporters after storming out of court

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Engoron noted that witnesses do not sit alongside the judge but rather in the witness box, which is separated from the judge by a low wooden barrier. The language used by Trump in his remarks was said to resemble his previous attacks on his clerk.

Engoron asserted his right to include the law clerk in his decision-making process at the bench, emphasizing that it enhances his performance as a judge. In response, Trump persisted in criticizing Engoron through his social media posts on Thursday.

"The judge presiding over the false and discredited case filed against me by the New York State A.G., who holds radical left-leaning views, imposed a $10,000 fine on me yesterday, alluding to his imposed gag order," Trump expressed. "This judge already deemed me guilty even before the trial commenced, ignoring crucial information such as Michael Cohen's collapse and confession, which occurred during cross examination. It is worth noting that this case belonged in the Commercial Division and should never have been initiated!"

Trump is absent from the court proceedings on Thursday; he departed from the courthouse on Wednesday afternoon and returned to Florida.