"Trump's Gag Order Strikes Back: Appeals Court Stands with Judge in Fraud Trial"

A New York appellate court has reinstated a limited gag order barring former President Donald Trump from making public comments about court staff in his ongoing civil fraud trial.

"Trump's Gag Order Strikes Back: Appeals Court Stands with Judge in Fraud Trial"
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30 Nov 2023, 08:16 PM
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New York Appellate Court Reinstates Gag Order on Former President Trump in Civil Fraud Trial

A New York appellate court has upheld a gag order preventing former President Donald Trump from publicly commenting on court staff involved in his ongoing civil fraud trial. The order was initially imposed by Judge Arthur Engoron after Trump made disparaging remarks about his clerk in a social media post on October 3.

Despite being fined $15,000 for violating the gag order twice, Trump and his campaign continued to defy the restrictions over the next month. As a result, Engoron expanded the order to include attorneys in the case, prohibiting them from making any comments about court staff.

On November 16, the gag order was temporarily lifted as the Appellate Division of the New York Supreme Court reviewed Trump's request to have it completely lifted. However, the appeals court ruled against Trump and reinstated the order in a brief order issued on Thursday.

Following the court's decision, Judge Engoron reminded the lawyers involved in the case to comply with the ruling.

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"I fully intend to vigorously and rigorously enforce the gag orders, ensuring that counsel informs their clients," stated Judge Engoron following the appeals court's ruling.

Christopher Kise, attorney for President Trump, expressed his disappointment with the reinstatement of the gag order, calling it "a tragic day for the rule of law." He reiterated his position in a statement to CBS News.

"In a country where the First Amendment is held sacred, President Trump should be able to comment on why he believes he cannot receive a fair trial," Kise said. "It is difficult to imagine a more unfair process, and it is hard to believe that this is happening in America."

Judge Engoron has consistently defended Greenfield, stating that he relies on her for legal advice and has the right to do so. Lawyers representing Attorney General Letitia James and the New York Office of Court Administration opposed the lifting of the gag order.

In an affidavit, a top court security official, Charles Hollen, stated that transcriptions of threats towards Greenfield and Engoron, since Trump's initial statement on October 3, filled 275 single-spaced pages. Hollen mentioned that the threats included calls to Greenfield's personal cell phone and messages to her personal email account.

Hollen further stated that the threats escalated when the gag order was temporarily lifted, with "approximately half of the harassing and disparaging messages being antisemitic."

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Attorneys representing a certain individual argued that the imposition of the order violated constitutional protections for freedom of speech in both the United States and the state of New York. They pointed out that the clerk involved, Allison Greenfield, is affiliated with a particular political party and is in close proximity to the presiding judge, often exchanging notes.

Following the temporary lifting of the gag order on November 16, the aforementioned individual and their aides took to social media to target Greenfield. In a post on the platform X, one of the individual's aides referred to her as a "partisan attack dog." Shortly after, the individual themselves posted a comment stating that she is "biased." Since then, the individual has made multiple posts about Greenfield.

In relation to the ongoing case, the individual, their two adult children, and their company have already been found liable for fraudulent activities. The accusations assert that they illicitly gained a minimum of $250 million over a ten-year period by artificially inflating the individual's net worth during transactions with financial institutions and insurers. The trial is currently focused on unresolved allegations of conspiracy, falsification of business records, and insurance fraud. The former president and the other defendants have consistently denied any wrongdoing, instead attributing any inaccuracies in their financial statements to their accountants.

The individual, who has already testified in court at the request of the state, is expected to be called as a witness once again by their own legal team on December 11. Their lawyers have indicated that the individual will be their final witness.

Closing Arguments Expected in January Trial

Closing Arguments Expected in January Trial

The two sides in the ongoing trial are expected to present their closing arguments on January 11. This comes after nearly a month of written filings and witness testimony. The trial has been progressing steadily, and both parties have had ample time to prepare their arguments.