In a bid to contest the revived gag orders in his New York civil fraud case, former U.S. President Donald Trump is seeking approval to appeal to the state’s highest court, as revealed in a court filing on Monday.
The move comes after Justice Arthur Engoron imposed a gag order on Trump on October 3, preventing him from publicly discussing court staff. Engoron’s decision was prompted by Trump’s social media post featuring a photo of the judge’s top law clerk alongside U.S. Senate Majority leader Chuck Schumer, falsely labeling her Schumer’s “girlfriend.” This post resulted in a barrage of threats from Trump supporters, inundating the court, according to Engoron’s court filing.
Although an appeals court judge temporarily lifted the gag orders on November 16, a mid-level state appeals court reinstated them last Thursday. Engoron had already fined Trump $15,000 for twice violating the gag order, with the possibility of more severe penalties, including imprisonment, for future violations.
Trump, a leading contender for the 2024 Republican nomination, faces allegations in the case of inflating his net worth to deceive lenders and insurers. The trial now focuses on damages, as Engoron had previously determined that Trump’s financial statements were fraudulent.
In the recent filing, Trump’s lawyer, Clifford Robert, urged the mid-level appeals court, known as the Appellate Division, to permit an appeal to the Albany-based Court of Appeals. Robert argued that the orders violated Trump’s First Amendment rights by restricting his ability to raise concerns about the public and partisan activities of Justice Engoron’s Principal Law Clerk during an ongoing trial.
However, a First Department judge on Monday denied Trump’s request for expedited permission to appeal the orders. Justice Sallie Manzanet-Daniels granted the office of state Attorney General Letitia James, who brought the case against Trump and his family real estate company, until December 11 to respond to Trump’s appeal request.
Notably, James seeks $250 million in penalties and aims to bar Trump from engaging in New York state real estate business. Trump, maintaining his innocence, accuses James, a Democrat, of political bias against him.
In addition to the New York case, Trump faces a similar gag order in a federal criminal case filed by Special Counsel Jack Smith, alleging unlawful actions in attempts to overturn the 2020 U.S. election results. Trump, currently facing four federal and state criminal indictments, has pleaded not guilty in all cases.
Luc Cohen reports from New York; Editing by Nick Zieminski and Noeleen Walder.
