Despite a limited gag order placed on him by Judge Arthur Engoron in the New York civil fraud trial, former President Donald Trump has been vehement on social media, proclaiming that he has won the trial and that the prosecutor, New York Attorney General Letitia James, should be prosecuted.
On his social media platform Truth Social, Trump told his 6.5 million followers that Engoron should “end this case” declaring “I have TOTALLY WON THIS CASE, which should never have been brought. The only Fraud was committed by A.G. Letitia James…She should be prosecuted!”
Engoron, who has already ruled that Trump’s company is guilty of having inflated its property values in a fraudulent scheme (the current trial is to determine damages), issued the gag order on Trump after he posted messages about members of the judge’s staff, including his Principle Law Clerk, whom Trump referred to in a post as “Schumer’s girlfriend” — a reference to U.S. Senator Chuck Schumer (D-NY).
Engoron characterized Trump’s post about his clerk as “untrue, disparaging and personally identifying” and fined Trump when it was found to still be accessible on Trump’s website weeks later.
When Trump again allegedly attacked the clerk — as Engoron saw it, though Trump denied it — the former President was fined again for a second violation of the gag order.
Engoron’s gag order expansion is below:
New York AG James is not on Engoron’s staff and therefore is not protected from Trump’s invective by the limited gag order in the case.
The gag order issued by Judge Tanya Chutkan in Trump’s federal criminal election interference case, while also limited, does seek to protect a broader range of targets from Trump’s accusatory statements, including members of the prosecution — in service of a fair trial or to “ensure that extrajudicial statements do not prejudice these proceedings.”
Chutkan’s court found the “Defendant’s statements pose sufficiently grave threats to the integrity of these proceedings that cannot be addressed by alternative means, and it has tailored its order to meet the force of those threats.”
Targeting is one of the keys for the prohibition — whether the Defendant’s statements target “individuals” and therefore intimidate or otherwise influence through perceived threats. (Under Chutkan’s gag order, Trump might not be free to target Letitia James, as he’s done above — but that is a different case and order.)
As it does not target individuals, Chutkan allows that the inflammatory text below does not violate the gag order she issued, despite its assertions of conspiracy and “corrupt trials.”
Here is the post not proscribed by the order, according to Chutkan:
Does anyone notice that the Election Rigging Biden Administration never goes after the Riggers, but only after those that want to catch and expose the Rigging dogs. Massive information and 100% evidence will be made available during the Corrupt Trials started by our Political Opponent. We will never let 2020 happen again. Look at the result, OUR COUNTRY IS BEING DESTROYED. MAGA!!!
Donald Trump
The Chutkan order is below: