The behavior of the judge in Trump’s fraud case is starting to become a problem for the courts in New York. For a second time, one of the judge’s rulings has been overruled by an appeals court.
A New York appeals court has issued a temporary stay on a gag order in former President Donald Trump’s civil fraud trial. This order, issued by Judge Arthur Engoron, had previously prohibited Trump from making complaints about the judge’s law clerk. Trump’s legal team had appealed the gag order, claiming it was unconstitutional.
Appellate Division Justice David Friedman, in a brief handwritten ruling, granted an interim stay on the gag order, citing concerns about the constitutional and statutory rights involved. This temporary halt will remain in effect until at least November 27, when a full panel of appeals court judges will further assess the situation.
In response to this development, former President Trump utilized his social media platform, Truth Social, to express his views on the matter. While he did not mention the clerk by name, he celebrated the appeals court ruling and criticized Judge Engoron’s gag order as “ridiculous and unconstitutional.” Trump asserted that the order prevented him from defending himself against the judge and his clerk, whom he characterized as politically biased.
It’s important to note that the gag order did not prohibit Trump from criticizing Judge Engoron directly. The judge had imposed this order last month during the $250 million New York civil fraud trial after Trump had posted a picture of the clerk and disparaged her in a Truth Social post.
Judge Engoron, in response to Trump’s social media post and critical comments about the clerk, stated, “Personal attacks on members of my court staff are unacceptable, inappropriate, and I won’t tolerate it.” The judge had previously fined Trump twice, amounting to a total of $15,000, for violating the gag order.
Furthermore, the tyrannical judge extended the order to include Trump’s attorneys after they raised concerns about the clerk’s alleged “inappropriate behavior.” They claimed that she had made comments, passed notes to the judge, and rolled her eyes during witness testimony. In response, Judge Engoron defended his clerk’s role and accused Trump’s lawyers of falsely accusing her of bias.
Trump’s legal team’s appeal argued that the gag orders were overly broad and violated their First Amendment rights. They also contended that the fines imposed on Trump were excessive, and they questioned the proper procedure followed by Judge Engoron in imposing them.
The recent appeal did not name the clerk but included multiple pictures of her. Trump’s attorneys also filed a motion for a mistrial, which included repeated references to the clerk’s name along with numerous pictures.
Justice David Friedman, who temporarily suspended the gag order, had previously issued a temporary stay of the trial in September, citing concerns raised by Trump’s lawyers. However, a full panel of five judges, including Friedman, later lifted the stay before the trial began.