NEW YORK — A New York appeals court Thursday reinstated a gag order that barred Donald Trump from commenting about court personnel after he continually disparaged a law clerk in his New York civil fraud trial.
The one-sentence decision from a four-judge panel came two weeks after an individual appellate judge had put the order on hold while the appeals process played out.
Trial judge Arthur Engoron, who imposed the gag order, said he now planned to enforce it “rigorously and vigorously.”
Trump attorney Christopher Kise called it “a tragic day for the rule of law.”
Engoron imposed the initial gag order Oct. 3 after Trump posted a derogatory comment about the judge’s law clerk to social media. The post, which included a baseless allegation about the clerk's personal life, came the second day of the trial in New York Attorney General Letitia James’ lawsuit.
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James' lawsuit alleges Trump exaggerated his wealth on financial statements used to secure loans and make deals. Trump denies any wrongdoing. The former president, now the front-runner for the Republican 2024 presidential nomination, contends the lawsuit is a political attack by James, a Democrat.
Over the trial's first few weeks, Engoron fined Trump $15,000 for violating the gag order. The judge expanded the order — which initially covered only parties in the case — to include lawyers after Trump's attorneys questioned clerk Allison Greenfield’s prominent role on the bench, where she sits alongside the judge, exchanging notes and advising him during testimony.
Trump’s lawyers filed a lawsuit against Engoron, challenging his gag order as an abuse of power.
State lawyers had sought to tie Trump’s comments to an uptick in nasty calls and messages directed at the judge and law clerk.
A court security captain wrote in a sworn statement last week that Greenfield has been receiving 20-30 calls per day to her personal cell phone and 30-50 messages per day on social media, LinkedIn and to two personal email addresses.
The captain reported that Greenfield received enough harassing voicemails to fill a transcript with 275 single-spaced pages, and that about half the harassing and disparaging messages to her were antisemitic.
Trump’s lawyers had argued that while messages and calls were “vile and reprehensible,” he shouldn’t be muzzled because of other people's bad behavior. Trump never called for violence against Greenfield, nor did he or his lawyers ever encourage or condone harassment and threats, the attorneys wrote in a court filing.
They argued that the gag order infringed on his free speech rights.
“As the front-runner for the 2024 Republican presidential nomination and as a citizen on trial, President Trump is well within his rights to comment on what he perceives as bias,” Trump’s lawyers wrote.
While the order was on hold, Trump posted about Greenfield as recently as Wednesday, referring to the judge's “very disturbed and angry law clerk."
Trump is due to testify in the case, for a second time, Dec. 11.
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A look at the 19 people charged in the Georgia indictment connected to Trump's election scheme
Kenneth Chesebro
Prosecutors have said Chesebro, an attorney, worked with Republicans in numerous swing states Trump lost, including Georgia, in the weeks after the November 2020 election at the direction of Trump’s campaign. Chesebro worked on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state’s “duly elected and qualified” electors.
Ray Smith
A Georgia-based lawyer, Smith was involved in multiple lawsuits challenging the results of the 2020 election in Georgia. He also gathered witnesses to provide testimony before Georgia legislative subcommittee hearings held in December 2020 on alleged issues with the state’s election.
Robert Cheeley
A Georgia lawyer, Cheeley presented video clips to legislators of election workers at the State Farm Arena in Atlanta and alleged the workers were counting votes twice or sometimes three times. He spoke to the lawmakers after Giuliani.
Michael Roman
A former White House aide who served as the director of Trump’s election day operations, Roman was involved in efforts to put forth a set of fake electors after the 2020 election.
Shawn Still
He was one of 16 Georgia Republicans who signed a certificate falsely stating that Trump had won the state and declaring themselves the state’s “duly elected and qualified” electors. Still was the finance chairman for the state GOP in 2020 and served as a Georgia delegate to the Republican National Convention that year. He was elected to the Georgia state Senate in November 2022 and represents a district in Atlanta’s suburbs.
Stephen Cliffgard Lee
Prosecutors say Cliffgard Lee, a pastor, worked with others to try to pressure Georgia election worker Ruby Freeman and her daughter after Trump and his allies falsely accused them of pulling fraudulent ballots from a suitcase during the vote count. Lee allegedly knocked on Freeman’s door, frightening her and causing her to call 911 three times, prosecutors said in a court filing last year.
Harrison William Prescott Floyd
Also known as Willie Lewis Floyd III, he served as director of Black Voices for Trump, and is accused of recruiting Lee to arrange a meeting with Freeman and Chicago-based publicist Trevian Kutti.
Trevian C. Kutti
Prosecutors allege Kutti, a publicist, claimed to have high-level law enforcement connections. They say Freeman met with Kutti at a police precinct, where she brought Floyd into the conversation on a speakerphone. Prosecutors say Kutti presented herself as someone who could help Freeman but then pressured her to falsely confess to election fraud.
Scott Graham Hall
An Atlanta-area bail bondsman, Hall was allegedly involved in commandeering voting information that was the property of Dominion Voting Systems from Coffee County, a small south Georgia jurisdiction. Also charged in the scheme were Powell, Latham and former county elections supervisor Misty Hampton.
Misty Hampton
She was the elections director in Coffee County. Hampton was present in the county elections office on Jan. 7, 2021, when a computer forensics team copied software and data from the county’s election equipment. She also allowed two other men who had been active in efforts to question the 2020 election results to access the elections office later that month and to spend hours inside with the equipment.
