Judge lifts Trump gag order in New York fraud case

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Donald Trump is seen during the UFC event at Madison Square Garden in New York City on 11 November 2023Image source, Getty Images

A judge has temporarily lifted a gag order that prevented former President Donald Trump from criticising court officials in his New York fraud trial.

Mr Trump sued the judge overseeing the civil case, Arthur Engoron, after he barred him and his attorneys from speaking about judicial staff.

Mr Trump's lawyers had argued the gag order was unconstitutional.

An appeals court has sided with the president by issuing what is known as a temporary stay.

"Considering the constitutional and statutory rights at issue an interim stay is granted," Judge David Friedman of the state's intermediate appeals court wrote on Thursday in his order, which followed an emergency hearing.

The decision means Mr Trump and his lawyers can once again make public comments about Judge Engoron's staff.

Trump lawyer Christopher Kise welcomed the ruling, which he said would allow his client "to take full advantage of his constitutional First Amendment rights to talk about bias in his own trial".

New York Attorney General Letitia James has sued Mr Trump, his sons, the Trump Organization and its top executives for alleged business fraud. Should they lose, the Trumps face $250m (£201m) in fines and the possible dissolution of their New York real estate empire.

The civil trial began last month in Lower Manhattan. Early on, Judge Engoron placed Mr Trump under a limited gag order, after his clerk was attacked by the former president on social media.

The judge has so far fined Mr Trump a total of $15,000 for two violations of the order.

On 25 October, Judge Engoron unexpectedly forced Mr Trump to take the stand, after he publicly criticised "a person who is very partisan sitting alongside" the judge.

Judge Engoron perceived that comment to refer to his clerk, who sits to his right.

Mr Trump stated under oath that he was talking about that day's witness, Michael Cohen, but the judge said he did not find this credible and imposed a fine.

Mr Trump's lawyers have repeatedly told Judge Engoron they believe his clerk is displaying bias, and claim that she is passing notes or rolling her eyes.

In the New York Supreme Court system, clerks play a role in the proceedings and often quietly confer with the judge.

Mr Trump's lawyers filed for a mistrial this week, arguing Judge Engoron is biased.

Separately, Mr Trump's gag order in a criminal case in Washington DC has also been lifted.

That case, brought by the US Department of Justice, focuses on his alleged attempts to subvert the 2020 election results.

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