NEW YORK—An appellate judge on Thursday temporarily lifted a gag order that had barred Donald Trump from making comments about court personnel after he insulted a law clerk in his New York civil fraud trial. Free speech concerns were raised.
Donald Trump Granted Permission to Criticize Court Staff as Judge Lifts Restraining Order
Judge David Friedman of the state’s intermediate appeals court suspended the gag order and allowed the former president to speak freely about court staff while the lengthy appeals process got underway.
The trial judge, Arthur Angoron, ordered the ban on October 3 after Trump posted inappropriate comments about the judge’s law clerk on social media on the second day of New York Attorney General Letitia James’ trial. James alleged that Trump overstated his assets on financial statements to secure loans and make deals.
Angoron later fined Trump $15,000 for violating the gag order and expanded it to include his lawyers after he questioned the prominent role of clerk Alison Greenfield on the bench, where she would have sat with the judge. They exchange notes and give them advice during their testimony. Friedman’s decision allows lawyers to again comment about court staffing as well.
At an emergency hearing Thursday, Friedman questioned Angoron’s authority to police what Trump says outside the courtroom. He also rejected the trial judge’s argument that restricting the 2024 Republican front-runner’s speech was a necessary or appropriate measure to protect the safety of his staff.
“An interim stay is granted keeping in mind the constitutional and statutory rights at issue,” Friedman said in writing his decision on the court’s order.
The appellate court intervened after Trump’s lawyers filed a lawsuit against Angoron late Wednesday, challenging his sanctions order as an abuse of power. He sued the judge under a state law called Article 78, which allows lawsuits over certain judicial decisions.
Trump and his lawyers have become increasingly frustrated with Angoron, who presided over a non-jury trial in the James case. Trump, angered by the pre-trial fraud verdict that threatened his real estate empire, has called him an “extremely hostile” judge. His lawyers sought a mistrial on Wednesday, citing evidence of “tangible and overwhelming” bias.
Trump and his lawyers have repeatedly criticized Greenfield, arguing that the former judicial candidate has a partisan voice in Angoron’s ear — even though both are Democrats.
Engoron did not address the gag order decision in court Thursday afternoon. Regarding the mistrial motion, he gave James’ office until December 8 to respond before his ruling.
Several of Trump’s lawyers and the state attorney from James’ office left the Manhattan trial to attend an emergency hearing at the state appellate court a few miles away. They sat around a table in a conference room and debated for about 45 minutes before Friedman overruled.
Trump’s attorney Christopher Keyes praised the temporary stay, calling it “the right decision.”
Friedman has “allowed President Trump to take complete benefit of his constitutional First Amendment rights to speak approximately the unfairness that he’s witnessing and seeing in his very own trial – which, Obviously, everyone needs to take a look,” Kise said.
Trump didn’t wait long to attack Greenfield, calling her a “politically biased and out of control, Trump hating clerk” in a post on his Truth social platform Thursday night.
Trump’s attorney Alina Habba said she saw no reason to ask Trump to remain silent about the clerk, telling reporters that James was “consistently disrespectful of her client” and “able to speak to both sides.” “Needs to happen.”
State lawyers and a court system lawyer representing Angoron urged the appellate judge to keep the ban order in place. He argued that the trial judge had taken appropriate steps to protect the safety of his employees amid increasing threats to their safety.
Court system attorney Lisa Evans said Engoron and his staff have received hundreds of threatening and anti-Semitic phone calls and letters since the trial began on October 2. He blamed Trump’s comments about Angoron and Greenfield for increasing his supporters’ anger toward them. Greenfield is “gambling whack-a-mole and seeking to block her wide variety now,” Evans said.
Evans compared the January 6 Capitol riot and the potential impact of a violent attack, arguing, “It’s not that Mr. Trump has directly issued threats to staffers and Judge Angorone, but because of what he has said to his constituents.” Is giving threats.” On Representative Nancy Pelosi’s husband, Paul. “That is not a political speech. This is threatening behavior and must stop,” Evans said.
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