Former President Donald Trump won an appeal in his New York City court case on Thursday — at least temporarily.
A gag order that barred Trump from commenting about potential biases among court personnel in his New York civil fraud trial was lifted Thursday by an appellate judge over free speech concerns.
Judge David Friedman of the state’s intermediate appeals court issued what’s known as a stay — suspending the gag order and allowing the former president to speak freely about court staff while a longer appeals process plays out.
Trial judge Arthur Engoron, a Democrat, imposed the gag order Oct. 3 after Trump posted comments about the judge’s law clerk’s meetings with Senate Majority Leader Chuck Schumer, D-N.Y., to social media on the second day of the trial in New York Attorney General Letitia James’ lawsuit.
James, also a Democrat, alleges Trump exaggerated his wealth on financial statements used to secure loans and make deals. Trump has denied any wrongdoing and said the lawsuit is politically motivated.
Engoron later fined Trump $15,000 for violating the gag order and expanded it to include his lawyers after they questioned clerk Allison Greenfield’s prominent role on the bench, where she sits alongside the judge, exchanging notes and advising him during testimony. Friedman’s ruling allows the lawyers to again comment about court staff, as well.
At an emergency hearing Thursday, Friedman questioned Engoron’s authority to silence Trump’s constitutional right to free speech outside the courtroom. He also disputed the trial judge’s contention that restricting the 2024 Republican front-runner’s speech was necessary or the right remedy to protect his staff’s safety.
“Considering the constitutional and statutory rights at issue, an interim stay is granted,” Friedman said in announcing his decision.
Trump and his lawyers have been increasingly frustrated with Engoron presiding over the non-jury trial in James’ lawsuit. Trump, angered by a pretrial fraud ruling imperiling his real estate empire, has called him an “extremely hostile” judge. His lawyers Wednesday asked for a mistrial, citing evidence of “tangible and overwhelming” bias.
Trump and his lawyers have repeatedly criticized Greenfield, contending the former judicial candidate is a partisan voice in Engoron’s ear — both are Democrats.
Engoron did not address the gag order ruling in court Thursday afternoon. Regarding the mistrial motion, he gave James’ office until Dec. 8 to respond before he rules.
Several of Trump’s lawyers and state lawyers from James’ 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’s lawyer Christopher Kise lauded the temporary stay as the “right decision.”
Friedman has “allowed President Trump to take full advantage of his constitutional First Amendment rights to talk about bias in his own trial, what he’s seeing and witnessing in his own trial — which, frankly, everyone needs to see,” Kise said.
Trump didn’t wait long to lash out at Greenfield, calling her a “politically 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 “is continuing to disparage” her client and that “both sides need to be able to speak.”
Trump hasn’t threatened Greenfield, nor has he disclosed any personal information such as her home address, Kise pointed out.
And she’s routinely photographed sitting next to Engoron by media photographers and videographers covering the trial.
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.
The Horn editorial team and the Associated Press contributed to this article