Judge in New York Imposes Limited Gag Order Following Trump’s Derogatory Social Media Remark About Court Clerk

A New York judge, Arthur Engoron, instituted a constrained gag order in the ongoing civil trial concerning Donald Trump’s business fraud allegations on Tuesday. This decision was made subsequent to a social media post by the former U.S. president that targeted a crucial member of the court’s staff.

Judge Engoron’s directive is applicable to all involved parties in the lawsuit and specifically bans verbal assaults on court personnel. The order came in response to a derogatory post from Trump about Allison Greenfield, the judge’s chief legal clerk.

The social media post contained a photograph of Greenfield alongside Senate Majority Leader Chuck Schumer, D-N.Y., taken at a public event. Trump, who is leading in Republican polls for the 2024 presidential race, has consistently characterized the trial and lawsuit as politically motivated assaults orchestrated by New York’s Democratic Attorney General, Letitia James.

In his post, Trump labeled it as “disgraceful” that Greenfield was collaborating with Judge Engoron in the judicial process.

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Letitia James, the Attorney General of New York, was present in court for the proceedings on Monday, October 2, 2023, in New York City.

Apart from these distractions, Trump was present in court for a second day and intends to return for a third. During the trial, the state’s lawyers questioned an accountant to substantiate New York’s case against Trump and his business, alleging they systematically issued misleading and outright false financial documents.

Judge Engoron also clarified an earlier comment that Trump had claimed as a significant legal win. He stated on Tuesday that the trial was not a venue to revisit already-made legal decisions. Furthermore, he emphasized that both parties would be allowed considerable latitude in presenting older evidence relevant to the current lawsuit.

The testimony from accountant Donald Bender continued, focusing on his history of preparing financial statements for Trump based on information provided by Trump’s company. Bender mentioned that in some instances, not all necessary documents were made available for the preparation of these financial statements, contrary to written attestations from the Trump Organization.

During the cross-examination, attorney Jesus M. Suarez emphasized the significance of working for Trump, which led to an objection from a state attorney questioning the relevance of such a line of inquiry.

In regards to the gag order, Judge Engoron noted that a defendant had made a disparaging and factually incorrect social media post about a staff member. The judge declared such personal attacks as unacceptable and intolerable.

Trump later deleted the offending post, as ordered by Judge Engoron.

Courtroom attendees were escorted out for private discussions between Trump and legal representatives from both sides, following the day’s testimony.

The former president reiterated key defense points, claiming that the lawsuit is baseless and emphasizing that the financial statements in question included disclaimers advising due diligence.

Engoron, who is a Democrat, had previously ruled that Trump engaged in fraudulent practices by overvaluing certain properties, giving James an initial victory in her quest for $250 million and a ban on Trump conducting business in New York.

The civil trial, which does not involve a jury, is expected to extend until December and addresses the remaining six claims in the lawsuit.

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• Statute of Limitations in Civil Cases
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• Legal Definitions: What is a Gag Order?