The gag order barring Donald Trump from speaking publicly about the staff of the judge overseeing his New York civil fraud trial has been temporarily lifted over free speech concerns.
Judge David Friedman, of the state’s Appellate Division, First Department, issued the ruling from the bench Thursday afternoon, finding that the order could be a violation of Trump’s constitutional right to free speech.
He issued a stay of Manhattan Supreme Court Justice Arthur Engoron’s gag order from the first week of trial — putting it on hold while the appeal case plays out.
Trump, 77, was fined $15,000 in total by Engoron, who found the former president had twice violated the order by commenting on the judge’s chief law clerk.
Engoron muzzled Trump on Oct. 3 after Trump posted a photo of the clerk, Allison Greenfield, standing with US Senate Majority Leader Chuck Schumer (D-NY).
He called Greenfield “Schumer’s girlfriend” and accused her of “running this case against me.”
Trump’s side late Wednesday filed an appeal of the gag order and the $15,000 fines, claiming the infringement on his right to free speech was all the more grave given he’s the GOP frontrunner for the 2024 presidential election.
“This constitutional protection is at its apogee where the speech in question is core political speech, made by the frontrunner for the 2024 Republican Presidential nomination, regarding perceived partisanship and bias at a trial where he is subject to hundreds of millions of dollars in penalties and the threatened prohibition of his lawful business activities in the state,” Trump’s lawyers wrote in the appeal papers.
The attorneys also filed a motion for mistrial claiming that Engoron and Greenfield — both Democrats – are biased against Trump.
The attorneys also filed a motion for mistrial, claiming that Engoron is biased against Trump.
The ex-president’s legal team has repeatedly complained that Greenfield — a former judicial candidate — has unfair sway over trial – as she has been seen for weeks whispering into the judge’s ear and passing him notes.
“I am pleased to see the Appellate Court restore some much-needed respect for constitutional rights in this political circus being orchestrated and enabled by the State Attorney General’s office,” Trump lawyer Alina Habba said in a statement.
The AG’s office didn’t return a request for comment Thursday afternoon.
With Post wires