Appellate Judge Lifts Gag Order: Trump Free to Speak Out About Court Personnel in Fraud Trial

 In a recent development, an appellate judge has temporarily lifted the gag order that prohibited former President Donald Trump from commenting about court personnel during his New York civil fraud trial. Judge David Friedman of the state's intermediate appeals court issued a stay, which allows Trump to freely express his views about court staff while the appeals process continues. The gag order was initially imposed by trial judge Arthur Engoron on October 3 after Trump made a false comment about the judge's law clerk on social media.

Engoron later fined Trump $15,000 for violations and extended the order to include his lawyers after they criticized the prominent role of the clerk in the trial. During an emergency hearing, Judge Friedman raised concerns about Engoron's authority to regulate Trump's speech outside the courtroom, including his frequent complaints on social media and comments to TV cameras in the courthouse hallway. While gag orders are often used in criminal cases to prevent the influence of jury members, Friedman questioned their necessity in a civil trial like Trump's, which does not involve a jury.

Trump's lawyer, Christopher Kise, praised the appellate judge's decision, stating that it upholds the former president's constitutional First Amendment rights to address bias in his own trial. Another Trump attorney, Alina Habba, argued that there is no justification for restricting Trump's speech, as the New York Attorney General Letitia James is allegedly disparaging her client as well. Habba further asserted that Trump has not posed any threats to the law clerk's safety and suggested that the clerk has drawn criticism upon herself by being visible in court and using social media. Judge Friedman's ruling also applies to Trump's lawyers and other individuals involved in the case.

Throughout the trial, Trump and his legal team have scrutinized the law clerk, Allison Greenfield, claiming that she has a partisan influence on Judge Engoron, despite both being Democrats. Engoron, in response, has defended Greenfield's role in the courtroom and prohibited trial participants from commenting on court staff. He also fined Trump for violations and recently extended his orders to prevent attorneys from discussing confidential communications between him and his staff.

Trump's lawyers, who separately sought a mistrial, argue that Engoron's orders unconstitutionally suppress free speech, particularly in Trump's case where his speech pertains to perceived bias and partisanship in a trial that could result in significant financial penalties and restrictions on his business activities. The lawyers cited the importance of protecting core political speech from such constraints. As the case continues to unfold, the lifting of the gag order provides Trump with the opportunity to openly express his views about the trial and its participants.