Donald Trump’s lawyer on Monday asked for a stay of a gag order in his civil fraud trial in New York – arguing that while the daily threats made against judges and his clerks are “despicable”, they do not justify limiting the former president’s right to free speech.
The stakes are all the more important because Trump, as the front-runner for the 2024 Republican presidential nomination, must be able to “criticize, without fear of retaliation, the court presiding over” the historic non-jury trial against him, the lawyers wrote in the filing.
The filing from the Trump team comes after lawyers for Manhattan Supreme Court Justice Arthur Engoron argued last week that the gag order should remain in effect because of the “flood” of threats made against the judge and his chief law clerk, Allison Greenfield.
Trump, 77, scored a victory when a New York appeals judge earlier this month lifted the gag order – which Engoron made on October 3 – citing concerns about the former president’s right to free speech.
Engoron has ruled that Trump and his lawyers cannot comment publicly on court personnel after the real estate mogul posted a photo of Greenfield with US Senate Majority Leader Chuck Schumer (D-NY), falsely calling her “Schumer’s girlfriend” and saying he was conducting a trial against her .
Donald Trump’s lawyers argued on Monday that the daily threats received by judges and his clerks, while “despicable”, do not justify limiting Trump’s right to free speech. Steven Hirsch
Trump filed an appeal to lift the gag order and the $15,000 fine Engoron levied against him after finding he had twice violated the order by publicly commenting on Greenfield.
Greenfield has repeatedly made headlines since Trump’s initial appointment and as his lawyer claims he has judged several times with Engoron, as he can be seen sitting next to the judge throughout the eight-week trial, whispering in his ear and giving him notes.
As Trump’s spotlight has shone on the clerk, his personal cell phone number and email address have been “compromised,” due to “daily doxing,” according to an affidavit filed Wednesday by Court Officer Capt. Charles Hollon, with the Judicial Threat Assessment Unit.
“He has been subjected, on a daily basis, to harassing, derogatory comments and antisemitic slurs,” Hollon wrote, noting that each day Greenfield receives 20 to 30 calls and 30 to 50 social media messages.
“The threats against Judge Engoron and Ms. Greenfield are considered serious and credible and not hypothetical or speculative,” Hollon wrote.
Judge Arthur Engoron issued a limited restraining order in October that prevented the former president from speaking publicly about the judge’s staff.
In their filing Monday, Trump’s lawyers claimed that Greenfield “voluntarily allowed himself to be photographed, videotaped, and identified by name in the national and international media, despite prior security concerns.”
The attorney wrote that the threats, “while despicable and reprehensible, do not constitute a clear and manifest danger of imminent harm,” according to papers filed with the appeals court Monday morning.
Arguments over the gag order came as the trial continued for a ninth week in Manhattan Supreme Court.
Since Trump made the comments about the judge’s clerk, he and the judge have received a “flood” of threats. Alec Tabak
Trump’s lawyer Chris Kise revealed in court on Monday that the former president will return to the stand as a final defense witness on Dec. 11.
Eric Trump, executive vice president of the Trump Organization and a defendant in the case, will testify a second time as well, on Dec. 6, Kise said.
The New York Attorney General’s Office, which is prosecuting the case, declined to comment on the filing.
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Source: thtrangdai.edu.vn/en/
