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Trump's Gag Order Challenge in Civil Fraud Trial Rejected by NY Appeals Court

| Dec 14, 2023 05:27 PM EST

Former U.S. President Donald Trump speaks during a rally at the Iowa States Fairgrounds in Des Moines, Iowa, U.S.

Former President Donald Trump experienced a legal rebuff as the New York State Appellate Division First Department dismissed his challenge to a gag order in the ongoing civil fraud case led by New York Attorney General Letitia James. The lawsuit accuses Trump and his businesses of fraud in building his real estate empire.

In September, Judge Arthur Engoron ruled that Trump and the Trump Organization engaged in deceptive practices by overvaluing assets and exaggerating net worth for financial gain. Engoron's decision prompted a partial gag order, limiting comments about court staff following Trump's social media criticism of the judge's law clerk, Allison Greenfield.

The gag order, designed to maintain decorum in the courtroom, prohibits all parties from verbal attacks against court staff. Engoron emphasized the importance of respecting his staff, stating that personal attacks are "unacceptable" and "not appropriate."

Trump, who has consistently denied any wrongdoing, argued on the stand that Engoron's accusations of fraud were made without sufficient knowledge of him or his business dealings. The Trump family has maintained that their assets were undervalued, not inflated.

The appellate court's ruling on Thursday not only rejected Trump's challenge to the gag order but also denied his request to have New York's highest court, the Court of Appeals, review the gag order. The appeals court reasoned that Trump did not use the appropriate legal avenue for his challenge and noted the limited scope of the gag order, which strictly pertains to comments about court staff.

As the trial concluded its testimony phase after 11 weeks in court, the focus now shifts to the next stages. The parties will file supplemental briefs by January 5, followed by oral arguments on January 11. Engoron will then render a final verdict in the case.

Trump's attorney, Chris Kise, expressed disappointment with the appellate court's decision, stating that it leaves Trump's "fundamental Constitutional rights in a procedural purgatory." Kise argued that the ordinary appellate process would not suffice to address the "ongoing harm" caused by the gag order.

The civil fraud trial represents a significant chapter in Trump's extensive legal challenges, as it scrutinizes his business practices and the operations of the Trump Organization. The outcome of this case may have far-reaching implications for Trump's personal and professional future, especially as he remains a central figure in American politics.

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