New York court dismisses Trump appeal to lift gag order in NYAG case

The New York Court of Appeals dismissed former President Trump’s challenge of the gag order imposed on him in the non-jury civil trial stemming from New York Attorney General Letitia James’ lawsuit against him and his businesses.

The court said Trump’s move to appeal the order had no "substantial constitutional question," despite Trump attorneys arguing that his First Amendment rights were restricted.

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The ruling comes after the court issued a stay on the gag order, imposed by New York Judge Arthur Engoron on the second day of the trial, back in October, blocking all parties from making derogatory statements about his court staff. The order was later reinstated.

Justice Arthur Engoron presides over the civil fraud trial of the Trump Organization at the New York State Supreme Court in New York City on November 13, 2023. (ERIN SCHAFF/POOL/AFP via Getty Images)

Engoron said his order came after a defendant "posted to a social media account a disparaging, untrue and personally identifying post about a member of my staff."

Engoron added that "personal attacks on members of my court staff are unacceptable, not appropriate" and warned they would not be tolerated.

Without naming the former president, Engoron was a[pparently referring to a now-deleted Trump post on his Truth Social account about Engoron's law clerk, Allison Greenfield.

Trump alleged in a Truth Social post that Greenfield had a relationship with Senate Majority Leader Chuck Schumer, D-N.Y. The post also contained a photo.

Former US President Donald Trump (C) sits with his attorneys inside the courtroom during his civil fraud case brought by state Attorney General Letitia James, at a Manhattan courthouse, in New York City, on October 2, 2023 (Brendan McDermid-Pool/AFP/Getty Images)

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"Schumer’s girlfriend, Alison (sic) R. Greenfield, is running this case against me. How disgraceful!" Trump posted. "This case should be dismissed immediately!!"

Trump deleted the post shortly after posting.

Engoron fined Trump $5,000 in October for violating the order on social media, and threatened imprisonment if further violations occurred.

Days later, Engoron fined Trump another $10,000, claiming the former president was making negative comments about his clerk.

The ruling Tuesday comes days after closing arguments in the months-long non-jury civil trial wrapped. 

New York Attorney General Letitia James arrives outside New York Supreme Court ahead of former President Donald Trump's civil business fraud trial on Monday, Oct. 2, 2023 in New York.  (AP Photo/Brittainy Newman)

Last week, Trump defied another Engoron order, and delivered his own closing argument in court. Trump said his financial statements were "perfect," and stressed that the bank loans were repaid and are "as happy as can be."  

Trump acknowledged that there was an "error" made regarding one "triplex," but said that mistake was "immediately corrected" and was an "honest mistake." 

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"When you say don’t go outside of these things, I’m an innocent man, persecuted," Trump said to Engoron while blasting the case as "election interference" and saying if he is "not allowed to talk about it, it's a disservice." 

Engoron told Trump to wrap up his remarks within one minute, but Trump fired back, saying, "You can't listen for more than one minute?" 

"Mr. Kise, please control your client," Engoron said to Trump's attorney.

Former US President Donald Trump (C) sits with his attorneys inside the courtroom during his civil fraud case brought by state Attorney General Letitia James, at a Manhattan courthouse, in New York City, on October 2, 2023. (Brendan McDermid-Pool/AFP/Getty Images)

However, the former president went on to say, "I did nothing wrong, they should pay me for what I’ve been put through."

Trump defended his business empire and said he was sued to get publicity. 

Trump left court shortly after he spoke, and hosted a press conference at his 40 Wall St. property in Manhattan. 

"She's a political hack. The attorney general, the judge is obviously extremely friendly with the group," Trump said. "And we'll see what happens." 

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Trump said there is a chance "they surprise people on a positive side, we'll have to see what happens exactly." 

"But we've proven this case so conclusively and we've asked for directed verdict many times," Trump said. "They don't have any facts. They don't have any evidence against us." 

New York Attorney General Letitia James sued Trump, his family and his business empire, claiming he inflated his financial statements and deceived banks. Trump has denied any wrongdoing. 

The former president has repeatedly said his assets were actually undervalued. Trump has repeatedly said his financial statements had disclaimers, requesting that the numbers be evaluated by the banks.

Fox News' Maria Paronich contributed to this report.