Former President Trump Incurs $10,000 Penalty for Breach of Gag Order in New York Civil Fraud Case

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Former President Donald Trump was summoned to the witness stand and subsequently fined $10,000 this past Wednesday after a judge determined that Trump had transgressed a partial gag order during his ongoing civil fraud trial. This marks the second occasion in under a week that Trump faced financial penalties due to remarks made outside the court setting.

Before levying the recent fine, Judge Arthur Engoron called Trump to testify about a statement he had made to journalists a few hours earlier. The comment pertained to “a person who’s very partisan sitting alongside” the judge. On October 3, Judge Engoron had instructed all trial participants to abstain from making public comments about his staff. This directive came in response to a social media post by Trump that criticized Engoron’s chief law clerk, who is seated next to the judge.

In defense, Trump and his legal team argued that the comment he made on Wednesday was directed at witness Michael Cohen, a former attorney for Trump, rather than the law clerk. However, Judge Engoron found this explanation “not credible,” observing that the law clerk was seated much closer to him than Cohen was during his testimony.

“Logically, the comment couldn’t have referred to the witness,” stated Judge Engoron.

Earlier in the week, Trump had been fined $5,000 when it came to light that a prior offending social media post had remained on his campaign website for an extended period, despite being ordered to remove it from his Truth Social media platform.

Last Wednesday, Trump, who is currently a Republican presidential hopeful, voiced his complaints in the corridor of the courthouse, referring to Engoron, a Democrat, as “a very partisan judge, with an equally or perhaps even more partisan person sitting beside him.”

While testifying under oath, Trump told the judge that his comment was intended for “you and Cohen.” Despite this, Trump did not hide his discontent with the law clerk, stating, “I think she’s very biased against us. We’ve made that abundantly clear.”

Three of Trump’s attorneys raised objections to the $10,000 fine and reiterated the assertion that the law clerk demonstrated partiality. Following the imposition of the fine and immediately after one of his attorneys concluded cross-examining Cohen, Trump left the courtroom, accompanied by his son, Eric.

The incident raises questions concerning Trump’s ability to comply with court orders designed to curb his public comments while also upholding his First Amendment rights, especially as he campaigns for re-election.

Last week, U.S. District Judge Tanya Chutkan in Washington imposed a gag order on Trump in a separate 2020 election interference criminal case, prohibiting public comments that target prosecutors, court personnel, and potential witnesses. This order was initiated after prosecutors expressed apprehensions that Trump’s remarks could incite his followers to intimidate or harass those involved in the case.

Trump is challenging this order, arguing it is unconstitutional. Judge Chutkan temporarily lifted the order last Friday to contemplate a defense request for a more extended suspension while Trump’s appeals are under consideration.

In the ongoing New York case, Cohen returned to the witness stand on Wednesday. Trump’s defense team aimed to undermine Cohen’s credibility and question his motivations as a former personal attorney now turned adversary. Cross-examination by Trump’s lawyer, Alina Habba, scrutinized Cohen’s federal criminal convictions and aimed to portray him as untruthful.

During the proceedings, Trump described the trial as “very unfair” and labeled it a “pure political witch hunt.” However, he added, “We’re pleased with how it’s progressing.”

Cohen is anticipated to be a crucial prosecution witness in another criminal trial slated for next spring, where Trump is accused of falsifying business records. This case is one of four ongoing criminal prosecutions Trump is facing in New York, Florida, Georgia, and Washington.

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Contributors to this report include Jill Colvin in New York and Alanna Durkin Richer in Boston.

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More about Donald Trump civil fraud trial fine

• Donald Trump’s Previous Legal Troubles
• Overview of Gag Orders in the U.S. Legal System
• Who is Michael Cohen?
• New York Attorney General Letitia James’ Investigations
• First Amendment Rights and Court Directives
• Ongoing Criminal Prosecutions Against Donald Trump
• U.S. District Judge Tanya Chutkan’s Gag Order
• Political Implications of Trump’s Civil Fraud Trial