A judge in New York has lifted gag orders on former President Donald Trump and his lawyers, allowing them to comment on court staff involved in Trump’s civil fraud trial. The initial order was issued by Judge Arthur F. Engoron after Trump criticized a law clerk in a social media post, accusing her of being biased. Trump violated the order twice, resulting in fines of $15,000. The judge then extended the order to Trump’s lawyers, preventing them from commenting on his private communications with court staff. However, an appellate judge, David Friedman, paused the gag orders after an hourlong oral argument, granting Trump temporary freedom of speech. This decision follows a federal appeals court temporarily freezing an order against Trump in his election interference case in Washington. Trump’s senior adviser, Jason Miller, and Trump himself took advantage of the lifted gag order to make further comments on social media about the court staff. Trump’s lawyer, Christopher M. Kise, praised the decision, stating that it protected everyone’s constitutional rights. The gag orders will be evaluated by a full appellate panel, which may reinstate them. In the meantime, Trump and his lawyers are free to criticize court staff, particularly the law clerk involved in the case. The pause on the gag orders could last throughout the civil fraud trial, which is expected to continue until mid-December. Judge Engoron justified the original gag order by citing threats against his staff, but Judge Friedman seemed skeptical that Trump’s comments posed a direct threat. Trump’s lawyers have also requested a mistrial, alleging bias from Judge Engoron and the law clerk. This recent development allows Trump’s lawyers to publicly discuss their arguments concerning the law clerk.
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