Topline
The judge in former President Donald Trump’s New York fraud trial on Friday expanded a gag order to cover not only the former president but also his attorneys, after the judge said the court received “hundreds” of threats since the beginning of the trial—as Trump rails against the attorney general’s office, the judge and a court clerk.
Former President Donald Trump and members of his legal team have been issued gag orders in the … [+]
Key Facts
Judge Arthur Engoron on Friday issued the order prohibiting Trump’s legal team from making public comments about confidential matters between the judge and members of court, saying the court had been “inundated” with “harassing and threatening phone calls, voicemails, emails, letters and packages.”
In the order, Engoron claimed Trump’s attorneys Christopher Kise, Clifford Robert and Alina Habba made “repeated, inappropriate remarks” about his law clerk, after Trump’s attorneys accused the clerk of being biased against Trump and passing notes to Engeron that could influence his opinion.
Engoron also claimed attorneys’ arguments that note-passing is improper have “no basis,” citing New York law that allows judges to consult with court staff.
Violations of the order will “result in serious sanctions,” Engoron wrote.
Trump, who faces charges of falsely inflating the value of his assets, has been fined $15,000 in the trial, including for keeping a disparaging post of Engoron’s clerk on his campaign website after taking it down from his social media platform Truth Social, and again over comments to reporters last week when the former president said Engoron had a “person who is very partisan sitting alongside him.”
Forbes has reached out to Trump’s legal team for comment—it is unclear if they plan to appeal the order.
Chief Critic
Kise on Thursday raised the possibility of asking for a mistrial, objecting specifically to the frequency of notes between Engoron and his clerk. Kise suggested in the trial that Engoron’s clerk was influencing the judge, arguing she might be biased, though Engoron argued the suggestion was “misogynistic.” Trump had also called out the clerk on Truth Social, posting a photo of her with Senate Majority Leader Chuck Schumer (D-N.Y.) and claiming she was biased. That post prompted the gag order, which prohibits Trump from speaking publicly about members of Engoron’s staff, though it does not prevent him from criticizing Engorn, which Trump has not shied away from.
Tangent
Just one day after being fined $5,000 for violating the gag order, Trump called Engoron a “lunatic” (Trump has since been fined another $10,000).
Further Reading
Trump Fraud Trial: Ex-President’s Attorney May Ask For Mistrial After Arguing Over Law Clerk (Forbes)
Trump Shares Post Labeling Judge Who Fined Him A ‘Lunatic’ (Forbes)
Source: https://www.forbes.com/sites/brianbushard/2023/11/03/trump-gag-order-expanded-to-ex-presidents-attorneys-after-hundreds-of-threats-in-ny-fraud-case/