Trump tells appeals court that threats to judge and clerk in NY civil fraud trial do not justify gag order

Donald Trump urged a New York appeals court to continue to pause the gag order against him in his civil fraud trial, saying that threats to the judge and his law clerk do not “justify” limiting the former president’s constitutional right to defend himself.

Lawyers for the New York attorney general’s office and the court last week urged the appeals court to put the gag order back in place following “serious and credible” threats that have inundated Judge Arthur Engoron’s chambers since the trial began in October.

Trump’s attorneys wrote in a filing Monday that the former president has never threatened the judge or his principal law clerk and they can’t be held responsible for actions taken by others. They argued that Trump’s First Amendment right to criticize and call out his perception of bias by the judge and his law clerk without retribution is “essential” to maintaining public confidence in the trial.