Trump’s Gag Orders Reinstated by Appeals Court in New York Civil Fraud Case

A New York appellate court on Thursday reinstated the gag orders barring Donald Trump and his lawyers from making public statements about the principal law clerk of the judge overseeing the former president's ongoing civil fraud trial.

Manhattan Supreme Court Justice Arthur Engoron noted that the ruling also reinstates a separate gag order imposed on Trump's lawyers.

"So I intend to enforce the gag orders rigorously and vigorously, and I want to make sure that counsel informs their clients of the fact that the stay was vacated," Engoron said.

"We’re aware, your honor," Trump's lead attorney Christopher Kise responded, before adding: "It’s a tragic day for the rule of law."

"In a country where the First Amendment is sacrosanct, President Trump may not even comment on why he thinks he cannot get a fair trial," Kise added in a subsequent statement to the press. "Hard to imagine a more unfair process and hard to believe this is happening in America."

The gag orders narrowly prohibit all parties at the trial from commenting on the judge's staff. They do not bar Trump or his lawyers from complaining about the judge, New York Attorney General Letitia James, or any other perceptions of the unfairness of the trial. Trump frequently insults the judge and the attorney general on social media, without violating the terms of the order.

In Washington, D.C., a federal appellate court is considering whether to reinstate a separate order imposed on Trump that bars him from attacking witnesses against him in a criminal case against him for over his attempt to overturn the 2020 presidential election.

On the second day of Trump's civil fraud trial, the former president falsely claimed on Truth Social that Engoron's clerk was the "girlfriend" of a prominent Democratic politician. Engoron ordered Trump to delete the "untrue" and "disparaging" post and then entered a gag order forbidding him from referring to her.

The judge found Trump in violation of that gag order twice, imposing a total of $15,000 in penalties. Engoron then expanded the gag order to forbid Trump's attorneys from referencing his "confidential" communications with the clerk.

Trump's legal team has appealed both of the orders to New York's Appellate Division, First Department, obtaining a temporary stay of the order as the appeal was pending.

During the time the gag order was paused, Trump resumed his attacks on the clerk, and a court security officer warned in a sworn statement that the clerk received "hundreds" of threatening and harassing messages, which spike every time the former president attacks her.

"She has been subjected to, on a daily basis, harassing, disparaging comments and antisemitic tropes," the court security officer said, estimating that the transcripts of the threats have totaled "over 275 single spaced pages."

In now-public passages of those transcripts, callers frequently used profanity and referred to both Engoron and his clerk as "filthy little Jews."

On Thursday, a four-judge panel from the state appellate court lifted the pause on the gag order's enforcement without commentary.

Though Trump's broader appeal technically remains pending, former federal prosecutor Mitchell Epner noted that the unceremonious rejection of the former president's arguments suggests the gag orders are here to stay.

"The appellate division has lifted the stay on the gag order in the most back-of-the-hand manner possible," said Epner, who is a partner at Rottenberg Lipman Rich PC. "This is typical in New York practice when the appellate division believes no serious controversy exists."