The New York Supreme Court has sustained a gag order imposed in the civil fraud trial involving former President Donald Trump and his family business. Trump’s efforts to overturn the gag order were on Thursday rejected by the Court, although the appellate proceedings persist. Concurrently, the civil trial was brought to a close on Wednesday.
Issued by a panel consisting of four judges, a brief order declared that Trump’s appeal was not based on “the proper vehicle for challenging the Gag Order and Contempt Orders” ruled by Judge Arthur Engoron, the judge presiding over Trump’s civil fraud trial. Trump filed his appeal under New York’s Article 78, a provision allowing individuals to challenge a judge’s action or inaction. The subject of Trump’s challenge was the gag order and the accompanying order of October 3, both issued by Judge Engoron.
The gag orders put a restriction on Trump and his attorneys from making any public comments regarding the judge’s staff, in or out of court. Subsequently, Judge Engoron held Trump in contempt twice due to violation of the gag order terms, fining the former president a combined sum of $15,000.
Trump alleged that the gag order infringed his rights under the First Amendment of the US Constitution and Article I, Section 8 of the New York Constitution. However, the court disagreed with Trump on the severity of the gag order. The court noted that the limited nature of the order presents an a very minor risk of harm to Trump and his right to free speech. It also identified that Trump’s reliance on Article 78 proceedings was incorrectly placed, as Engoron’s orders could be reviewed through the usual appellate process.
Besides, Trump confronts four separate criminal charges, compromising of 91 federal and state accusations. A group of eminent legal scholars and the Society for the Rule of Law officials on Friday urged the court via an amicus brief to reject Trump’s claim of “absolute presidential immunity,” stating that presidential immunity should not empower ousted presidents to embark on criminal conduct through official acts or otherwise.
The civil fraud trial against the Trumps and the Trump Organisation ended on Wednesday after ten weeks and a witness pool numbering 47. The trial began back in September 2022, following allegations made by the New York Attorney General Letitia James accusing the Trumps of financial fraud with the intent of acquiring more favorable loan rates and tax breaks. Prior to the trial’s commencement, Judge Engoron found that the Trumps had committed fraud by providing false financial valuations of numerous business assets. Engoron has yet to deliver a verdict on the remaining six charges in the case. Since the case was tried without a jury, Engoron acted as both the judge and jury. A verdict is predicted in early next year.