Trump argues that threats to judge and clerk in NY civil fraud trial are insufficient grounds for a gag order
Trump argues against gag order, claiming threats to judge and clerk insufficient to limit his right to defend himself in NY civil fraud trial
Donald Trump is asking a New York appeals court to maintain the suspension of the gag order against him in his civil fraud trial. He argues that threats made to the judge and his law clerk do not warrant restricting his constitutional right to defend himself. Last week, the New York attorney general's office and the court's lawyers urged the appeals court to reinstate the gag order due to "serious and credible" threats targeting Judge Arthur Engoron's chambers since the trial began in October.
Trump's lawyers argued in a filing on Monday that the former president did not threaten the judge or his principal law clerk, and should not be held accountable for the actions of others. They stated that Trump's First Amendment right to criticize and address his perceived bias by the judge and law clerk is crucial to maintaining public confidence in the trial.
The attorneys also called for appropriate security measures to address the disturbing behavior by third-party actors towards the judge and principal law clerk. However, they emphasized that this should not result in the complete disregard of Trump's First Amendment rights in a trial that holds immense importance for him and has been affected by partisan bias on the bench.
Mondays filing marked the initial submission since the revelation of numerous harassing messages directed at Engoron and one of his law clerks last week. The clerk has been inundated with 20-30 phone calls daily on her personal cell phone, as well as 30-50 daily messages across various social media platforms and two personal email accounts, as stated in court documents.
Judge Arthur Engoron presides over the civil fraud trial of former President Donald Trump and his children at New York State Supreme Court on November 13, 2023 in New York City. The trial concerns allegations that Donald Trump Jr., his father, and his brother Eric conspired to inflate Trump Sr.'s net worth on financial statements provided to banks and insurers to secure loans. New York Attorney General Letitia James has sued seeking $250 million in damages. (Photo by Michael M. Santiago/Getty Images)
The judge and clerk presiding over Trump's civil fraud trial have been the target of numerous serious and credible threats. Earlier this month, a New York appeals court judge temporarily lifted the gag order that prevented Trump and his attorneys from speaking publicly about the judge's staff, particularly the principal law clerk who advises him on the bench. Trump and his legal team have claimed that the law clerk is biased against him due to political donations she made to organizations supporting the New York attorney general, who filed the lawsuit against Trump. They alleged that she is essentially "co-judging" the case due to frequent consultations with the judge. The appeals court judge stated that the gag order would be lifted to allow a larger panel of judges to consider the constitutional issues at stake.
The judge's lawyers filed documents last week asking the appeals court to reinstate the gag order, pointing out that the number of messages has increased since it was lifted on November 16, with about half of the harassing messages received by the clerk being antisemitic.
Trump's lawyers argued that Trump should not be held responsible for the comments made by others.
The messages that were contemptible cannot be attributed to President Trump or his counsel. They also stated that neither President Trump nor his counsel have ever made a statement referencing the Principal Law Clerks religion, appearance, or private activities to the appeals court.
