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Appeals Court Reinstates Gag Orders in Trump’s Civil Fraud Trial

A New York state appeals court has reinstated the gag orders issued by Justice Arthur Engoron in Donald Trump's $250 million civil fraud trial. The gag orders, barring Trump and his lawyers from commenting on the judge's staff, were temporarily paused earlier this month but are now back in effect. The court did not provide an explanation for its decision. The gag orders have been a focal point of the trial, with Trump facing fines for violating them. Trump's latest social media posts targeted Judge Engoron's family, leading to renewed concerns about the potential for violence stemming from political rhetoric.

The appeals court didn’t explain its decision for reinstating the gag orders on former President Donald Trump and his lawyers. | Francis Chung/POLITICO

Gag Orders and Trial Dynamics

The initial gag order arose when Trump posted a disparaging social media message about the judge’s law clerk, leading to subsequent violations and fines. The orders expanded to cover all trial lawyers, preventing public statements referring to confidential communications between the judge and his staff. The trial dynamics have been overshadowed by controversies related to the gag orders, with Trump using social media to criticize the judge and his clerk.

Renewed Concerns and Targeting Judge Engoron’s Family

After the temporary pause on the gag orders, Trump resumed criticism of Judge Engoron and his clerk on Truth Social. However, his recent posts extended the attacks to the judge’s family, sharing content from far-right activist Laura Loomer targeting Engoron’s wife and son. The judge’s wife clarified that the account allegedly posting anti-Trump messages did not belong to her. The appeals court decision reinstating the gag orders coincided with Trump’s renewed focus on Engoron’s family, raising concerns about the trial’s fairness and potential consequences.

Legal Challenges and First Amendment Concerns

Trump’s legal team expressed disappointment with the appeals court decision, calling it a “tragic day for the rule of law.” They argued that in a country where the First Amendment is sacrosanct, Trump should be allowed to comment on why he believes he cannot receive a fair trial. The former president is simultaneously challenging a gag order in his Washington, D.C., criminal case, emphasizing the broader implications for free speech and fair legal proceedings.

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