New York City, November 3, 2023 – In a significant development during former President Donald Trump’s civil fraud trial, Justice Arthur Engoron, presiding over the case, has broadened the existing gag order to encompass Trump’s legal team. The decision came after prolonged discussions arose about the judge’s communications with his law clerk, prompting concerns about the safety of his staff.
In a written order issued on Friday, Judge Engoron explicitly prohibited Trump’s attorneys from making any further comments about confidential communications between the judge and his staff, both inside and outside the courtroom. Violating this order, the judge warned, would result in severe sanctions.
The judge’s decision was prompted by a flood of harassing and threatening communications directed at his chambers. “Since the commencement of this bench trial, my chambers have been inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters, and packages,” Justice Engoron stated. He emphasized the necessity of protecting his staff from threats and physical harm, outweighing the First Amendment rights of the defendants and their legal representatives.
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This expanded gag order follows a previous restriction imposed by Judge Engoron, prohibiting parties from discussing his staff, which was prompted by a social media post from Trump attacking the judge’s clerk. Trump had posted a picture of her with Senate Majority Leader Chuck Schumer, a New York Democrat. Engoron had already fined Trump twice for violating this order, with fines totaling $15,000.
Trump’s legal team has clashed with Judge Engoron over his clerk throughout the trial. They accused her of biased behavior, claiming she was unfairly influencing the judge. During the proceedings, Trump attorney Chris Kise alleged that there was apparent “co-judging” taking place, suggesting that someone was frequently providing the judge with information. Engoron defended his right to consult with his clerk, firmly stating, “She’s a civil servant, she’s doing what I ask her to do. Those notes are confidential communications from my law clerk,” as he pounded on the bench.
This gag order is one of two that Trump faces. In addition to this case, Federal District Judge Tanya Chutkan in Washington, DC, blocked Trump from discussing witnesses in his election subversion case. However, a federal appeals court recently paused that order pending a hearing later this month, further intensifying the legal battles surrounding the former president.
