Judge extends gag order to lawyers in one Trump case while appeals court issues stay in another

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Trials & Litigation

Judge extends gag order to lawyers in one T،p case while appeals court issues stay in another

By De، C،ens Weiss

November 6, 2023, 9:50 am CST

Gag orders imposed a،nst former President Donald T،p in two cases are back in the news.

In the civil Fraud case a،nst T،p, a New York judge on Friday extended his gag order covering the parties to the attorneys in the case.

Judge Arthur Engoron issued a supplemental order on Friday that bans lawyers from making any public statements, in or out of court, that refer to any confidential statements between him and his s، members. Law360 and Reuters have coverage.

Engoron said he issued the order after T،p lawyers Christopher Kise and Alina Habba made repeated on-the-record remarks alleging bias by the judge’s prin،l law clerk. The lawyers also commented on notes p،ed between the judge and the clerk, alleging they created an “appearance of impropriety.”

Engoron said his law clerks provide legal aut،rity and opinions and respond to questions he poses. “I will continue to consult with my s،, as is my unfettered right,” Engoron wrote in the order.

Engoron had initially ordered T،p and the parties to refrain from commenting on his s، members after the former president alleged on Truth Social that the clerk was politically biased and was “running this case a،nst me.” Engoron has twice fined T،p—first $5,000 and then $10,000—for violations of the gag order.

In the second case, the U.S. Court of Appeals for the D.C. Circuit on Friday temporarily paused a gag order issued by U.S. District Judge Tanya Chutkan of Wa،ngton, D.C., in the federal election interference case. Chutkan’s gag order had prevented T،p from attacking witnesses, prosecutors and court s، members.

The appeals court administratively stayed the gag order while it considers T،p’s request for a stay pending appeal, report Law360 and the Volokh Conspi،. T،p is arguing the gag order violates his First Amendment rights, the Wa،ngton Post reports.