“Ridiculous and Unconstitutional Gag Order” Lifted by New York Appeals Court

Jo ShawNov 22, 2023

Minute Read

A New York Appeals Court has temporarily halted one of the gag orders associated with Trump’s New York trial. On the day the order was suspended, Trump used social media to criticize the court’s clerk. The former President has incurred two fines for breaching the orders, which were also extended to cover his legal team. With the removal of these “ridiculous and unconstitutional gag orders,” will Trump now be able to attack the court freely?

A Stay Is Granted

This week, CNN broke the news that the gag order that Trump’s legal team was appealing has been temporarily paused. Associate Justice David Friedman said in his written order, “Considering the constitutional and statutory rights at issue, an interim stay is granted.”

Judge Was Concerned Over Limiting Free Speech

Editorial credit: Christopher Penler/Shutterstock.

According to the Associated Press, Judge David Friedman has temporarily halted the gag order as an appeal progresses through the court system, citing concerns about freedom of speech.

Gag Orders Used to Protect Jury

The AP also conveyed that Judge Friedman remarked on the more frequent application of gag orders in criminal cases, where concerns exist that statements about the trial might sway the jury. He questioned the court’s jurisdiction to regulate Trump’s speech. The AP emphasized that Trump’s fraud case is in civil court, and a judge, rather than a jury, will determine its outcome.

The First Amendment Protects Everyone

In a statement to CNN, Chris Kise, Trump’s attorney, commented on the decision: “Fortunately, the Constitution and the First Amendment protect everyone, including President Trump. The public will again have full access to what is taking place in this unprecedented trial.”

Trump Attacks Clerk on the Same Day

Nevertheless, The Hill recently reported that Trump attacked a court clerk in his civil fraud trial in New York on his social media platform Truth Social. The post came after a temporary lifting of the gag order on Thursday.

Ridiculous and Unconstitutional Gag Order

Trump’s post read, “Judge Arthur Engoron has just been overturned (stayed!) by the New York State Appellate Division (Appeals Court), for the 4th TIME (on the same case!), His Ridiculous and Unconstitutional Gag Order, not allowing me to defend myself against him and his politically biased and out of control, Trump Hating Clerk, who is sinking him and his Court to new levels of LOW, is a disgrace,”

Trump Can Comment Freely

Editorial credit: Tada Images / Shutterstock.

The Associated Press has pointed out that with the temporary suspension of the gag order, Trump can now express his comments freely, a situation that will persist until the appeals court decides the outcome.

Lawyers Are Advocating for Their Clients

Trump’s attorneys appealed the gag order and stated it “interferes with counsel’s ability to zealously advocate for their clients.”

Engoron Protecting His Staff

Image Credit: mundissima / Shutterstock.

Engoron initially instituted the gag order on Trump in October, following a post on his Truth Social account where he criticized the judge’s law clerk.

Two Fines for Gag Order Violations

The ex-President has faced two fines for apparent breaches of the imposed gag order, which came into effect following a post on his Truth Social account.

Trump Fined $15,000

Subsequently, the judge broadened the scope of the gag order to prohibit Trump’s attorneys from publicly discussing any communications between the judge and the law clerk. This expansion came after implications that Trump’s attorney, Kise, had made misogynistic remarks. Engoron has imposed fines on Trump twice, amounting to $15,000.

Should the Gag Order Be Permanently Lifted?

Editorial credit: lev radin / Shutterstock.

As reported by ABC News, Attorney General Letitia James and Engoron have the opportunity to submit a response to Friedman’s order by Wednesday. The court will then consider the complete removal of the gag order based on the response from Trump’s attorneys.

Motion for Mistrial Filed

CNN has further reported that Trump’s lawyers filed a motion for mistrial “for what they say is ‘actual and apparent bias’ displayed by the judge and law clerk, who has donated to political organizations that support New York Attorney General Letitia James, who brought the lawsuit.”

Judge Knowingly Devalued Trump’s Assets

Now that Trump’s gag order has been temporarily lifted, Trump has been posting on social media to provide his views on the case. Trump has claimed in his posts that the Attorney General and Judge Engoron “knowingly, substantially, & outrageously” devalued his assets.

The Case Is Rigged

The Hill recently reported on another of Trump’s Truth Social posts, stating that it “specifically called out Cohen’s testimony” and implied the trial was “rigged.”

The Implosion of NY’s Star Witness

Editorial credit: BluIz60 / Shutterstock.

The Hill included Trump’s post in their article, which read, “Why doesn’t the implosion of the A.G. of New York State’s Star Witness end this Witch Hunt,” The post, which concerned Cohen’s previous testimony continued, “He admitted on the stand that he lied, and that I NEVER TOLD HIM, OR ANYONE ELSE, TO INFLATE THE NUMBERS.”

The Fraud Is by the Judge

Trump’s post continued to read, “In fact, the numbers are low, or very conservative, the exact opposite of what this ridiculous RIGGED case is all about. THE FRAUD IS BY THE JUDGE & A.G. (Mar-a-Lago & more!) NOT BY ME!!!”

Faith Is All but Gone

People went online to comment on the halt on Trump’s gag order. One user wrote, “The faith that I’ve had in the nation’s legal system is all but gone after the last few years. I knew there were two tiers of justice but to see the leniency granted towards the defendant in this case is beyond disgusting. I know there is still an appeals process regarding the gag order that is playing out but it just seems so outrageous what Trump is able to get away with.”

It Is Inherently Unfair

Another user replied, saying, “I just hope I never get in trouble because most of us would get the book thrown at us by now. There is just no way a guy with a public defender can game the system the way Trump does. It is inherently unfair and I have lost all faith.”