A New York appeals court on Thursday rejected former President Donald Trump’s effort to overturn a gag order imposed by a lower court judge in the state’s civil fraud trial against him and his family’s business. Though the appellate process remains ongoing, the civil trial came to an end on Wednesday. On Friday, Trump indicated his intention to appeal the Thursday decision to the state’s highest court, the New York Court of Appeals.
In a brief order, a four-judge panel from New York’s Supreme Court held that Trump’s appeal did not rely upon “the proper vehicle for challenging the Gag Order and Contempt Orders” issued by the judge overseeing his civil fraud trial, Judge Arthur Engoron.
Trump had filed his appeal under New York’s Article 78, which allows individuals to challenge a judge’s action or inaction. Trump sought to challenge Engoron’s October 3 gag order—and subsequent supplemental order. The gag orders prevented Trump and his lawyers “from making any public statements, in or out of court” that refer to the judge’s staff. After issuing the orders, Engoron held Trump in contempt twice for violating the terms of the gag order and fined the former president a total of $15,000.
Trump claimed that the gag order against him violated his rights under the First Amendment of the US Constitution and Article I, Section 8 of the New York Constitution. The court appeared to disagree with Trump on the gravity of the gag order, explaining that the limited nature of the order posed a very small chance of harm to Trump and his free speech rights. The court also found that Trump’s reliance upon Article 78 proceedings was misplaced, as Engoron’s orders were “reviewable through the ordinary appellate process.”
The civil fraud trial against the Trumps and the Trump Organization finally drew to a close on Wednesday after 11 weeks and 47 witnesses—including Trump, himself. In September 2022, New York Attorney General Letitia James accused the Trumps of engaging in financial fraud to obtain more favorable loan rates and tax breaks. Before the start of the trial, Engoron found that the Trumps had committed fraud by lying about the financial valuation of various business assets, going back to as early as 2011. Engoron still must come to a verdict on the six remaining charges in the case. Since the case was conducted as a bench trial, Engoron sat as both judge and jury. A verdict is expected sometime early next year.
Trump separately faces four criminal cases, spanning 91 federal and state charges. One of the cases, which alleges that he conspired to overturn the results of the 2020 US presidential election, has been at the center of attention since the US Supreme Court agreed to hear Trump’s claim of “absolute presidential immunity.” On Friday, a group of prominent legal scholars and officials from the Society for the Rule of Law urged the court via an amicus brief to reject Trump’s claim, stating, “The last thing presidential immunity should do is embolden Presidents who lose re-election to engage in criminal conduct, through official acts or otherwise.”
