NEW YORK (AP) 鈥 A gag order that barred Donald Trump from commenting about court personnel after he disparaged a law clerk in his New York civil fraud trial was temporarily lifted Thursday by an appellate judge who raised free speech concerns.
Judge David Friedman of the state鈥檚 intermediate appeals court issued what鈥檚 known as a stay 鈥 suspending the gag order and allowing the former president to speak freely about court staff while a longer appeals process plays out.
The trial judge, Arthur Engoron, imposed the gag order Oct. 3 after Trump posted a false comment about the judge鈥檚 law clerk to social media on the second day of the trial in New York Attorney General Letitia James鈥 lawsuit. James alleges Trump on financial statements used to secure loans and make deals.
Engoron later fined Trump $15,000 for violating the gag order and expanded it to include his lawyers after they questioned clerk Allison Greenfield鈥檚 prominent role on the bench, where she sits alongside the judge, exchanging notes and advising him during testimony. Friedman鈥檚 ruling allows the lawyers to again comment about court staff, as well.
At an emergency hearing Thursday, Friedman questioned Engoron鈥檚 authority to police what Trump says outside the courtroom. He also disputed the trial judge鈥檚 contention that restricting the 2024 Republican front-runner鈥檚 speech was necessary or the right remedy to protect his staff鈥檚 safety.
鈥淐onsidering the constitutional and statutory rights at issue an interim stay is granted,鈥 Friedman said, announcing his decision as he scribbled it on a court order.
The appellate court intervened after Trump鈥檚 lawyers filed a late Wednesday that challenged his gag order as an abuse of power. They sued the judge under a state law known as Article 78, which allows lawsuits over some judicial decisions.
Trump and his lawyers have been increasingly frustrated with Engoron presiding over the non-jury trial in James鈥 lawsuit. Trump, angered by a , has called him an 鈥渆xtremely hostile鈥 judge. His lawyers Wednesday asked for a mistrial, citing evidence of 鈥渢angible and overwhelming鈥 bias.
Trump and his lawyers have repeatedly criticized Greenfield, contending the former judicial candidate is a partisan voice in Engoron鈥檚 ear 鈥 though both are Democrats.
Engoron did not address the gag order ruling in court Thursday afternoon. Regarding the mistrial motion, he gave James鈥 office until Dec. 8 to respond before he rules.
Several of Trump鈥檚 lawyers and state lawyers from James鈥 office left the Manhattan trial to attend the emergency hearing at a state appellate courthouse a couple miles away. They sat around a table in a conference room and argued for about 45 minutes before Friedman ruled.
Trump鈥檚 lawyer Christopher Kise lauded the temporary stay as the 鈥渞ight decision."
Friedman has 鈥渁llowed President Trump to take full advantage of his constitutional First Amendment rights to talk about bias in his own trial, what he鈥檚 seeing and witnessing in his own trial 鈥 which, frankly, everyone needs to see,鈥 Kise said.
Trump didn鈥檛 wait long to lash out at Greenfield, calling her a 鈥減olitically biased and out of control, Trump Hating Clerk" in a post to his Truth Social platform Thursday night.
Trump lawyer Alina Habba said she saw no reason to tell Trump to stay quiet about the clerk, telling reporters that James 鈥渋s continuing to disparage鈥 her client and that 鈥渂oth sides need to be able to speak."
State lawyers and a court system lawyer representing Engoron urged the appellate judge to keep the gag order in place. They argued the trial judge had taken a reasonable step to protect his staff amid increased threats to their safety.
Engoron and his staff have received hundreds of threatening and antisemitic phone calls and letters since the trial began Oct. 2, court system lawyer Lisa Evans said. She blamed Trump鈥檚 comments about Engoron and Greenfield for amplifying his supporters' anger toward them. Greenfield is 鈥減laying Whac-A-Mole now trying to block her number," Evans said.
鈥淚t鈥檚 not that Mr. Trump has directly issued threats to the staff and Judge Engoron, it鈥檚 that what he鈥檚 said has led his constituents鈥 to make threats, Evans argued, comparing the potential effect to the Jan. 6 capitol riot and a violent attack on Rep. Nancy Pelosi's husband, Paul.
鈥淭hat is not political speech. That is threatening behavior and it should be stopped,鈥 Evans said.
Kise suggested the safety concerns were overblown, arguing that Engoron was using the guise of threats 鈥 and the 鈥渉obgoblins of Trump鈥檚 a bad person and he says bad things鈥 鈥 to keep the ex-president and his lawyers from questioning Greenfield鈥檚 influence on the trial.
Trump hasn't threatened Greenfield, nor has he disclosed any personal information such as her home address, Kise said. Meanwhile, he noted, she's routinely photographed sitting next to Engoron by media photographers and videographers covering the trial.
State lawyer Daniel Magy argued that Trump鈥檚 immense social media audience had made the clerk more of a target for threats. Trump鈥檚 offending social media post was based on a post by someone else who was followed by just a handful of people.
Both posts included a picture that Greenfield had publicly posted online of her with Senate Majority Leader Chuck Schumer, but Trump added a falsehood about her personal life before sending it off to his millions of followers.
Kise on Thursday characterized Trump鈥檚 addition as 鈥減olitical parody" and Friedman questioned if the blowback for Greenfield was entirely Trump鈥檚 fault, asking, 鈥淚f you put something out in public and then it goes viral, who鈥檚 responsible?鈥
Engoron fined Trump was found to have lingered on his campaign website after the judge ordered it deleted. He added a about 鈥渁 person who鈥檚 very partisan sitting alongside鈥 the judge. In an extraordinary moment, Engoron abruptly called Trump to the stand and questioned him before deeming his denial 鈥渘ot credible鈥 and issuing the fine.
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