Lifting the Gag Order on Trump Would Lead to a 'Risk of Violence,' Judge Warns Appeals Court – The Messenger
The New York judge presiding over Donald Trump's civil fraud case warned an appellate court through his attorney on Wednesday that overturning the former president's gag order would carry a "risk of violence."
"The only potential harm that exists here is the risk of violence against Justice Engoron’s staff if this Court grants a writ of prohibition," Manhattan Supreme Court Justice Arthur Engoron's attorney David Nocenti wrote in a 15-page appellate filing, in boldface text.
"Any purported harm to Mr. Trump’s (and his co-petitioners’) First Amendment rights is risible," Nocenti added.
Known as an Article 78 proceeding, Trump's ongoing appeal of his gag order amounts to a lawsuit against the judge, forcing him to respond directly to Trump's constitutional arguments. Engoron's attorney emphasized that the gag orders imposed on Trump and his attorneys are extremely narrow.
"To be clear, the gag order only prevents the parties from speaking (or posting or emailing) about Justice Engoron’s staff, NOTHING ELSE," the filing states. "It does not prevent statements about Justice Engoron himself, not the Attorney General or her staff, not the substance of the claims and allegations against petitioners, not the facts or evidence or witness testimony, not the judicial process, nor any other topic concerning the underlying action."
Engoron questions why Trump's lawyers would fight so strenuously against such a narrow order.
"It is unclear, however, how his ability to talk about Justice Engoron’s court staff is necessary for his campaign when this country faces a number of issues more worthy of debate," the filing states. "Any argument by petitioners that the gag orders have interfered with their First Amendments rights should be viewed with extreme skepticism."
The judge's lawyer noted that Trump has an "inordinate ability to draw attention, fervor, and animosity" toward the people he criticizes.
"Whether he seeks it or not, some of Mr. Trump’s followers are willing to engage in violence to show their support," the filing states.
In November, a court security officer wrote in a sworn statement that Engoron and his principal law clerk have faced "hundreds" of threatening, harassing, and antisemitic messages since the start of trial. The messages have included "credible" threats, and the clerk has received up to 30 calls a day because her phone has been "compromised resulting in daily doxing," the officer added.
The officer said that those threats spike when Trump mentions the clerk, and they have ebbed when the gag order has been in place.
Trump is expected to appear in court on Thursday, as his defense case heads toward its conclusion.