Trump gag order reinstated in New York civil fraud trial

A gag order barring former President Trump and his counsel from speaking about the staff of the New York judge overseeing his ongoing business fraud trial was reinstated Thursday by an appeals court.

In a terse decision, an appeals panel denied Trump’s request to lift the order hampering his attacks on the principal law clerk. Trump’s counsel argued in their request to eliminate the gag order that Judge Arthur Engoron’s enforcement of it “casts serious doubt” on his ability to serve as an “impartial finder of fact” overseeing Trump’s case.

The appeals panel also ended its pause on the gag order, meaning the former president can no longer rail against Engoron’s clerk without potentially facing consequences. His most recent attack on the clerk was made yesterday, where on Truth Social he criticized her as “very disturbed and angry.”

Engoron’s principal law clerk has become an unwitting main character in the fraud trial.

In October, a post on Trump’s Truth Social platform falsely derided her as Senate Majority Leader Chuck Schumer’s (D-N.Y.) “girlfriend” and included personally identifying information about her. A Schumer spokesperson called the post “ridiculous, absurd, and false” in a statement to The Hill at the time.

Trump and his lawyers claim the clerk acts as a “co-judge” in the case and have criticized her for passing notes and whispering with the judge. The former president previously testified that he thinks the clerk is “very biased against us.”

Trump racked up $15,000 in fines for various violations of the order — and, the order was expanded to include remarks about the clerk by his counsel — before his legal team appealed it.

Engoron has repeatedly told Trump and his counsel that attacks on his staff are “not appropriate” and won’t be tolerated “under any circumstance.” At one point, the trial judge unexpectedly called Trump to the witness stand to explain himself for a comment the judge believed was about the clerk.

Trump’s legal team filed a mistrial motion earlier this month purporting that Engoron and his clerk have “tainted” the trial with their bias against Trump. Engoron denied the motion, calling it “utterly without merit.”

The former president repeatedly railed against Engoron when he testified in the trial earlier this month, calling the judge “Trump hating” and questioning his impartiality. He is expected to testify again next month, this time as the final witness in the defense’s case. 

Before the trial even began, Engoron found Trump, the Trump Organization and several executives — including his adult sons — liable for fraud. New York Attorney General Letitia James (D) sued Trump and his business last year, claiming they falsely inflated and deflated the value of the business’s assets to receive lower taxes and better insurance coverage.

The trial is addressing other claims, including conspiracy, insurance fraud and falsifying business records. Engoron will ultimately decide the verdict.

Updated at 11:54 a.m.