November 28, 2023

New York Appeals Court Strikes Down Gag Order Against Trump


OPINION: This article could comprise commentary which displays the creator’s opinion.

An appellate court docket decide in New York has handed former President Donald Trump a authorized victory in his civil fraud trial, lifting a gag order imposed on him by the decrease court docket decide presiding over the case.

According to The Associated Press, the gag order was imposed after the previous president made disparaging remarks in regards to the regulation clerk aiding Judge Arthur Engoron, however Judge David Friedman of the state’s intermediate appeals court docket blocked the order on Thursday, citing free speech points.

Engoron imposed the gag order Oct. 3 following Trump’s remarks about his regulation clerk on the second day of the trial involving New York Attorney General Letitia James’ claims that the previous president overvalued his belongings to acquire extra favorable mortgage charges. Engoron beforehand dominated that Trump engaged in fraud, so now Engoron should decide whether or not to grant her demand for a $250 million high-quality and a everlasting ban on Trump doing enterprise within the state.

The AP added:

Engoron later fined Trump $15,000 for violating the gag order and expanded it to incorporate his legal professionals after they questioned clerk Allison Greenfield’s distinguished position on the bench, the place she sits alongside the decide, exchanging notes and advising him throughout testimony. Friedman’s ruling permits the legal professionals to once more remark about court docket workers, as nicely.


At an emergency listening to Thursday, Friedman questioned Engoron’s authority to police what Trump says exterior the courtroom. He additionally disputed the trial decide’s competition that limiting the 2024 Republican front-runner’s speech was essential or the proper treatment to guard his workers’s security.

“Considering the constitutional and statutory rights at issue, an interim stay is granted,” Friedman mentioned as he wrote down his choice on a court docket order.

Trump responded to the reversal on his Truth Social platform:

Trump Hating, Radical Left Judge, Arthur Engoron, is, sadly, probably the most overturned Judge in New York State. He was simply stayed on his Gag Order, which Unconstitutionally prohibited me & my attorneys from speaking about essential parts of a Fraud case the place it was he & Letitia James that dedicated the Fraud by knowingly, considerably, & outrageously devaluing my asset values in an effort to make me look responsible of one thing which I didn’t do. In actuality, witnesses & specialists have confirmed conclusively that my Financial Statements Value is LOW, or very Conservative, not HIGH, as they have been claiming.

A.G. James & Engoron labored in COLLUSION to make some belongings many instances decrease in Value than they’re. By doing this, they ridiculously & wrongfully, with out Knowledge, Trial, or Jury (which isn’t allowed on this case!), dominated that I used to be responsible of FRAUD. This HOAX is a public relations catastrophe for New York State. Violent Crime is raging, and corporations are FLEEING, by no means to be seen in N.Y. once more!

The appeals court docket ruling is in response to a lawsuit Trump’s attorneys filed in opposition to Engoron, arguing that his order was a First Amendment violation.

Trump’s lawyer, Christopher Kise, praised the non permanent keep because the “right decision.”

Friedman has “allowed President Trump to take full advantage of his constitutional First Amendment rights to talk about bias in his own trial, what he’s seeing and witnessing in his own trial — which, frankly, everyone needs to see,” Kise mentioned.

Another Trump lawyer, Alina Habba, identified that James “is continuing to disparage” her shopper and that “both sides need to be able to speak.”


Famed regulation Prof. Jonathan Turley mentioned earlier this month that the gag order imposed on Trump was “unconstitutional” after an appeals court docket quickly froze it.

“They decided in perhaps an abundance of caution to order this stoppage until they can give it a full review,” the professor mentioned. “The reason I think this could be quite significant is because I think the order is unconstitutional.”