In this article, we will discuss the reinstatement of the gag order in the trial of former President Donald Trump for fraud in New York. The New York appellate court has decided to reinstate the gag order that prohibits Trump from speaking disparagingly about court staff in the civil trial that determines whether Trump and his company misrepresented the value of their assets, after the order was temporarily suspended. The ruling to reinstate the gag order was issued by the court clerk, without any explanation for the appellate court’s decision.
Main Facts
Last October, Judge Arthur Engoron imposed a gag order on Trump and other parties in the civil trial after Trump published a disparaging post about one of the judge’s aides, including a photo of her with Senate Majority Leader Chuck Schumer and a reference to her as Schumer’s “friend.”
Trump appealed the order and the penalties he faced as a result, and the appellate court temporarily suspended the order on November 16 to allow for a permanent decision. Meanwhile, Trump began attacking the court aide again on social media.
The appellate court’s ruling on Thursday denied Trump’s request to revoke the gag order after “proper deliberation,” thereby reinstating the gag order. The ruling did not provide any explanation for the appellate court’s decision.
The ruling reinstates the gag order against the parties in the case, in addition to a separate order issued in early November that extends the restrictions to the attorneys in the case, after Trump’s lawyers rejected Engoron’s communications in court with his aide and accused her of “jointly adjudicating” the case with Engoron.
Engoron stated in court on Thursday after the order was reinstated that he “intends to enforce the gag orders strictly and forcefully,” and Trump’s special counsel Christopher Kise responded that it was a “tragic day for the rule of law” but he was aware of the appellate court’s decision, according to Law360.
Big Number
$15,000. This is the amount Trump was fined for violating the gag order before the appellate court suspended it. Engoron imposed fines on Trump for violating the order twice, first imposing a $5,000 fine for leaving his initial post about the aide on his campaign website, followed by an additional $10,000 fine after he commented on the “biased” person sitting next to the judge. (Trump claimed under oath that he was referring to his former attorney Michael Cohen, who was testifying in the trial at the time.)
Crucial Quote
Attacks on Engoron and his aide “escalated rapidly” after the judge imposed the initial gag order, according to testimony from Charles Hollin, a public safety officer in New York’s court system, noting that the aide received about 20-30 calls daily on her personal cell phone and 30-50 messages on social media and via email. Hollin deemed the threats against the judge and his aide as “serious and credible, not speculative or potential,” as he testified.
What to Watch For
The civil fraud trial against Trump and his company is expected to continue until mid-December, as parties suggested on Thursday that both sides should finish presenting their arguments by around December 13. Final evidence will be presented at a later unspecified date. If Trump violates the gag order again now that it has been reinstated, Engoron indicated that the former president could face harsher penalties such as larger fines or detention or even jail time.
Key Background
The civil fraud trial against Trump pertains to allegations from New York Attorney General Letitia James that the former president and his business associates misrepresented asset values in financial documents to obtain more favorable business deals and reflect a higher net worth for Trump. The trial, which has been ongoing since last October, could have severe consequences for Trump and his business associates, including his children, such as imposing a $250 million fine and barring Trump and his children from managing businesses in New York. Engoron has already confirmed Trump and his colleagues’ liability in the crime of inflating their asset values, but the trial is still ongoing regarding other allegations, such as whether this crime was committed intentionally. The New York judge was the first to impose a gag order on Trump, followed shortly by Chutkan. Trump has attacked Engoron several times on social media throughout the trial, accusing the judge – and his wife – of political bias against him and describing the ongoing civil case as a “witch hunt.”
Reading
Extensive
The judge lifted the gag order against Trump in the New York fraud trial – citing concerns over freedom of speech (Forbes)
The gag order in the Trump case: The appeals court leans towards reinstating restrictions – at least partially – in the federal election case (Forbes)
Trump launches an escalating attack on court staff in New York after the gag order was lifted (Forbes)
Gag orders against Trump: Everything the former president cannot say in the cases against him after the order was reinstated (Forbes)
Expansion of the gag order against Trump’s former lawyer after “hundreds” of threats in the New York fraud case (Forbes)
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