Tipsheet

'Victory': Appellate Judge Lifts Unconstitutional Gag Order Against Trump

Leah Barkoukis
Leah Barkoukis  |  November 17, 2023 7:30 AM

A New York appeals court temporarily lifted the gag order against former President Donald Trump in his civil fraud trial over free speech concerns.

“Considering the constitutional and statutory rights at issue an interim stay is granted,” Judge David Friedman said.

The move came after Trump’s legal team filed an emergency lawsuit Wednesday, arguing the gag orders “cast serious doubt” on Manhattan Judge Arthur Engoron’s ability to be an “impartial finder of fact” in the case. 

The order against Mr. Trump was issued on the trial’s second day by the presiding judge, Arthur F. Engoron, after Mr. Trump attacked the judge’s law clerk in a social media post accusing her of being a Democratic partisan. It prohibited Mr. Trump from any further attacks on the clerk and other court staff.

Mr. Trump has twice violated the order, incurring $15,000 in fines. The judge later issued a similar order against Mr. Trump’s lawyers, barring them from commenting on his private communications with court staff. (NYT)

Trump celebrated on Truth Social.

"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," he said. 

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“They are defending the Worst and Least Respected Attorney General in the United States, Letitia James, who is a Worldwide disgrace, as is her illegal Witch Hunt against me. The Radical and Unprecedented actions of Judge Engoron will keep BUSINESSES and JOBS forever out of New York State," Trump added. 

Rep. Elise Stefanik (R-NY), who filed an ethics complaint against Engoron last week, called the New York Appellate Court's decision a "victory."