Former President Donald Trump has been granted a temporary pause on a gag order that prevented him from commenting about court personnel involved in his New York civil fraud trial. The order was initially imposed by Judge Arthur Engoron after Trump made negative remarks about Engoron’s court clerk on social media. However, Judge David Friedman of the state’s intermediate appeals court raised concerns about the violation of Trump’s free speech rights and issued a stay, allowing Trump to freely comment about court staff while the appeals process continues. The ruling also applies to Trump’s lawyers and others involved in the case.
Friedman questioned Engoron’s authority to regulate Trump’s speech outside the courtroom, including his comments on social media and to TV cameras. He noted that gag orders are typically used in criminal cases where there is a concern that comments about the case could influence the jury. In response to the gag order, Trump’s lawyers filed a lawsuit against Engoron, arguing that it was an abuse of power. Friedman scheduled an emergency hearing to address the issue.
Trump’s attorney, Alina Habba, stated that she sees no reason for restrictions on Trump’s speech since the court clerk, Allison Greenfield, continues to disparage her client. Habba also emphasized that Trump has not threatened the clerk’s safety. She argued that both sides should be allowed to speak and that the gag order has been unconstitutional.
Throughout the trial, Trump and his lawyers have scrutinized the law clerk’s role, claiming that she is a partisan voice in Engoron’s ear. Engoron has defended her role and prohibited trial participants from commenting on court staffers. He also fined Trump for violating the gag order. Trump’s lawyers argue that Engoron’s orders suppress free speech, especially political speech, as Trump is a frontrunner for the 2024 Republican presidential nomination and is facing significant penalties and potential business restrictions in the state. They believe that such restrictions on speech are unconstitutional.
