In a significant development in the ongoing civil fraud case involving former President Donald Trump in New York, an appeal was filed on December 15 against a gag order impacting Mr. Trump’s ability to speak publicly about certain aspects of the case.
This legal move, targeting the state’s highest court, marks a continued battle over free speech and judicial constraints in this high-profile trial.
Court Filing Details
“Petitioners President Donald J. Trump … hereby appeal to the Court of Appeals of the State of New York from the Decision and Order of the Appellate Division, First Department, dated December 14, 2023,” detailed the former president’s attorney in the recent filing.
This appeal follows the November 30 decision of a four-judge panel of the Supreme Court of the State of New York Appellate Division, which reinstated the gag order initially imposed by Justice Arthur Engoron on October 3.
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Gag Order Background
The gag order, which restricts President Trump from making public statements about the judge’s staff, was reimposed after documents revealed that the judge and his staff had allegedly received numerous threatening messages.
The order was a reaction to President Trump’s social media post accusing Justice Engoron’s top clerk of political bias, which resulted in a temporary suspension of the gag order on November 16 as Trump appealed.
Trump’s Controversial Post
The root of the issue stemmed from a post made by President Trump on Truth Social, where he criticized Allison Greenfield, Justice Engoron’s principal law clerk, and labeled the case against him as “disgraceful.”
This post, which was later deleted, led to a verbal gag order and subsequent fines against President Trump for retaining the post on one of his campaign websites and making remarks to the press that were seen as violations of the gag order.
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Expansion of Gag Order
Justice Engoron later extended the gag order to include President Trump’s attorneys, prohibiting them from discussing the judge’s staff or their communications. This broadening of the gag order underscores the tense atmosphere surrounding the trial and the judge’s efforts to maintain decorum and fairness in the proceedings.
Motion for Directed Verdict
Amidst the controversies over the gag order, Mr. Trump’s legal team filed a motion for a directed verdict. This motion, submitted for the fifth time, requested Judge Engoron to conclude the trial without a full hearing of the case.
Despite previous rejections of similar motions and Justice Engoron’s indication of a likely refusal, Mr. Trump’s attorneys persisted in their argument.
They contended that New York Attorney General Letitia James had not sufficiently proven the allegations of conspiracy, victimization, materiality, or intent to defraud.
Defense’s Argument
The defense argued that the testimony from their experts regarding accounting standards and compliance negated any claims of intentional misconduct.
They urged the court to terminate all remaining causes of action and reject the Attorney General’s claim for disgorgement relief, highlighting the complexities and nuances of the legal arguments at play in this high-profile case.
In summary, the legal saga involving former President Donald Trump in the New York civil fraud case continues to unfold, with new developments in the form of appeals and motions challenging the judicial orders and the prosecution’s case.
The outcome of these legal maneuvers remains to be seen, as the court deliberates on the merits of the arguments presented.
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