Judge Lifts Gag Order On Trump In N.Y. Business Fraud Case
OAN’s Brooke Mallory
12:41 PM – Friday, November 17, 2023
A gag order preventing former President Donald Trump from making comments about court personnel in his $250 million civil business fraud lawsuit was temporarily lifted by a New York judge on Thursday.
Citing the “constitutional and statutory rights at issue,” Associate Justice David Friedman of the New York Appellate Division’s First Department approved the motion made by Trump’s defense counsel for an interim suspension of the gag orders.
With this decision, the Manhattan Supreme Court’s high-stakes fraud lawsuit involving New York Attorney General Letitia James and Trump’s legal team is no longer subject to gag orders.
Trump’s request was rejected by James’ office, which said that doing so would put the employees of the lower court “at risk of harassment or harm.”
James and Judge Arthur Engoron—the two who issued the gag orders—were directed by Friedman’s concise decision to provide counterarguments by Wednesday at noon. Trump’s attorneys had until the following Monday to respond.
“Fortunately, the Constitution and the First Amendment protect everyone, including President Trump,” defense attorney Christopher Kise said in a statement. “The public will again have full access to what is really taking place in this unprecedented trial,” he added.
They accused the former president of attempting to increase his net worth and profit financially. Trump, his two adult sons, the Trump Organization, and other high-ranking officials are all accused in James’ allegations of fraudulently inflating the valuations of Trump’s properties. In addition to demanding $250 million in damages, she wants to permanently ban Donald Trump Jr., Eric Trump, and Trump Sr. from operating a company in New York.
On the second day of the trial, Engoron had prohibited Trump from publicly criticizing his court personnel after Trump mentioned the judge’s lead legal clerk a number of times on social media.
On November 3rd, a month later, Engoron renewed the gag order against Trump’s legal team, claiming that they had made “repeated, inappropriate remarks” regarding the same law clerk. The judge stated that threats and abuse have been “inundated” in his chambers.
Trump has already been fined a total of $15,000 for breaking the tight gag order twice.
One day after Trump and his co-defendants requested a mistrial in the case, claiming that Engoron and his clerk are prejudiced and that their actions have “tainted these proceedings,” a motion to stop the gag orders was made.
According to the defendants, restricting their capacity to handle their claimed problems “is simply not justifiable and certainly not consistent with the avoidance of an appearance of impartiality.”
The “spurious allegations” in the earlier Thursday mistrial bid were denounced by James’ office and Engoron has not yet provided a written response. It is anticipated that the study would last until late December.
A second gag order in his criminal election meddling case in a federal court in Washington, D.C., is also currently being contested by Trump, the leading GOP candidate for the Republican presidential nomination in 2024.
Trump was prohibited by the gag order from speaking negatively about the prosecutors, probable witnesses, and court employees involved in the case. Earlier this month, a federal appeals court gave the D.C. gag order a temporary reprieve.
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How does Justice Friedman’s decision to suspend the gag orders balance free speech rights with ensuring a fair trial
Title: Gag Order Temporarily Lifted in Trump’s Business Fraud Lawsuit
Introduction:
In a recent development in the high-stakes fraud lawsuit involving former U.S. President Donald Trump and New York Attorney General Letitia James, a New York judge has temporarily lifted the gag order that prevented Trump from making comments about court personnel. The decision to suspend the gag orders was based on the “constitutional and statutory rights at issue,” as stated by Associate Justice David Friedman of the New York Appellate Division’s First Department.
Background:
The civil business fraud lawsuit, with Trump’s net worth and financial gain as the focus, alleges that Trump and his two adult sons, the Trump Organization, and other high-ranking officials fraudulently inflated the valuations of Trump’s properties. Attorney General Letitia James not only demands $250 million in damages but also seeks to permanently ban Donald Trump Jr., Eric Trump, and Trump Sr. from operating a company in New York.
Temporary Suspension of Gag Order:
Due to the “constitutional and statutory rights at issue,” Trump’s defense counsel made a motion to temporarily suspend the gag orders in the Manhattan Supreme Court. Justice David Friedman approved the motion, stating that the high-stakes lawsuit is no longer subject to gag orders. The decision requires Attorney General Letitia James and Judge Arthur Engoron, who initially issued the gag orders, to provide counterarguments and responses, respectively.
A Victory for Free Speech:
Trump’s defense attorney, Christopher Kise, emphasized the importance of protecting everyone’s rights, including those of President Trump. Kise stated, “Fortunately, the Constitution and the First Amendment protect everyone, including President Trump. The public will again have full access to what is really taking place in this unprecedented trial.”
Arguments Against Gag Order:
The motion to lift the gag orders was met with resistance from Attorney General Letitia James’ office, citing concerns about the lower court employees being at risk of harassment or harm. However, the decision by Justice Friedman shows the court’s recognition of the need to balance free speech rights with ensuring a fair trial.
Challenges and Earlier Violations:
Throughout the trial, Trump faced multiple challenges and violations of the gag order. On the second day of the trial, Judge Engoron prohibited Trump from criticizing court personnel, following a number of mentions made by Trump on social media regarding the lead legal clerk. As a result of violating the gag order twice, Trump has already been fined a total of $15,000.
Conclusion:
The temporary suspension of the gag order in Trump’s business fraud lawsuit marks a notable victory for free speech rights. It allows the public to gain better access to the trial and be informed about the proceedings. While concerns about potential harassment or harm remain, Justice Friedman’s decision acknowledges the need to protect constitutional and statutory rights without compromising a fair trial process. The ongoing trial is anticipated to continue until late December. Additionally, a second gag order in Trump’s criminal election meddling case in a federal court in Washington, D.C., is currently being challenged.
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