Trump lawyers barred from commenting on trial judge’s communications with staff

3 November 2023, 22:24

Donald Trump
Election 2024 Trump. Picture: PA

Judge Arthur Engoron threatened ‘serious sanctions’ for any violations.

The judge in Donald Trump’s civil fraud trial has barred lawyers in the case from commenting on “confidential communications” between him and his staff, after the former president’s attorneys renewed claims that a clerk was poisoning the proceedings.

Threatening “serious sanctions” for any violations, Judge Arthur Engoron expanded on a gagging order that prohibited parties in the trial from speaking publicly about court staff.

The earlier order did not mention the parties’ lawyers, but Judge Engoron had suggested on Thursday that he might expand it.

The First Amendment right of defendants and their attorneys to comment on my staff is far and away outweighed by the need to protect them from threats and physical harm

Judge Arthur Engoron

The matter seized attention on a day when Eric Trump, one of the former president’s sons and a senior executive in the family business, wrapped up his evidence, saying he relied completely on accountants and lawyers to assure the accuracy of financial documents that are key to New York attorney general Letitia James’s lawsuit.

The state lawsuit accuses Trump and his company of deceiving banks and insurers by exaggerating his wealth on his annual financial statements. The ex-president and other defendants, including sons Eric and Donald Jr, deny the allegations.

The former president is due to give evidence on Monday in the case, which threatens the property empire that launched him into the public eye and eventually politics.

Like the earlier gagging order, the new one was sparked by criticism of the judge’s principal law clerk, Allison Greenfield. She has unexpectedly become a lightning rod during the trial.

“The First Amendment right of defendants and their attorneys to comment on my staff is far and away outweighed by the need to protect them from threats and physical harm,” wrote Judge Engoron.

Judge Arthur Engoron
Judge Arthur Engoron (Jeenah Moon/AP)

He said his office has received “hundreds of harassing and threatening phone calls, voice mails, emails, letters and packages” during the trial.

The written order echoed the judge’s comments in court, when Trump lawyer Christopher Kise recapped complaints that the defence team has raised for more than a week about the clerk’s notes to the judge during evidence.

The contents of the notes have not been disclosed, but Trump’s lawyers say the messages are more frequent when the defence is questioning witnesses, and the attorneys suggest the notes are tilting the process against the ex-president and current Republican frontrunner’s case.

“I certainly am often thinking I’m arguing against two adversaries, not one,” Mr Kise told the judge on Friday. “I’m debating with the government, and then I’m debating with someone who is providing input to you on a regular, immediate basis.”

Ms Greenfield ran for a judgeship as a Democrat, and Judge Engoron is also a Democrat.

Donald Trump with lawyer Christopher Kise
Donald Trump with lawyer Christopher Kise (Luiz C Ribeiro/AP)

The judge says the accusations of bias and improper influence are false, and he insists he has an “absolute, unfettered right” to input from his clerk.

He told the defence on Thursday that he might expand the gagging order to include lawyers if any of them referred to a member of his staff again. He started Friday’s court session by saying he hoped he had made himself clear.

Mr Kise then argued again that if the judge was “receiving input from someone with potentially demonstrable bias” or at least questions about it, defence lawyers needed to “make that record”.

A lawyer for Ms James’s office, Kevin Wallace, called the dispute over the clerk a “sideshow”, suggesting the defence was “trying to blow up the trial” and seeking “to interrupt our ability to put in evidence”.

Judge Engoron’s action on Friday came a month after the initial gagging order, spurred by Trump’s disparaging comments about Ms Greenfield in a social media post. Fines followed, after the judge said Trump violated the order.

The former president is due to give evidence on Monday in the case.

By Press Association

Latest World News

See more Latest World News

A group picture of all the researchers – from various science projects -- at the South African research station, SANAE IV, Antar

'Real-life horror movie playing out' as trapped scientists plead for rescue after ‘assault’ at remote Antarctic base

Alexandra Clarke, 26

Brit holidaymaker missing after boat bursts into flames on dive trip off coast of Thailand's 'death island'

The rebels on Sunday claimed to have targeted the USS Harry S Truman carrier strike group with missiles and a drone.

US fights off Houthi drone attacks on aircraft carrier after Trump ramps up strikes on Yemen

Jack Draper of Great Britain celebrates after defeating Holger Rune of Denmark to win the Men's Singles Final of the BNP Paribas Open at Indian Wells Tennis Garden on March 16, 2025

Britain’s Jack Draper wins Indian Wells Open after beating Holger Rune in biggest title of his career

A firefighter inspects a nightclub after a massive fire in the town of Kocani, North Macedonia, Sunday, March 16, 2025. (AP Photo/Boris Grdanoski)

20 arrested including government officials after 59 killed in North Macedonia night club fire

Iran has denied backing Yemen's Houthis after the US launched airstrikes in the country's capital and Donald Trump promised to 'hold Iran accountable' for allegedly supporting the rebels.

Iran denies aiding Houthi rebels after US strikes Yemen and Trump threatens to hold Tehran 'fully accountable'

Pope Francesco greets the faithful in St. Peter's Square.

Pope facing 'period of trial' as Pontif issues Sunday prayer from hospital

A firefighter inspects a nightclub after a massive fire in the town of Kocani, North Macedonia, Sunday, March 16, 2025. (AP Photo/Boris Grdanoski)

Arrest warrants issued for four people as North Macedonia nightclub fire death toll rises to 59

At least 50 dead after fire rips through nightclub in North Macedonia

At least 50 dead after fire rips through nightclub in North Macedonia

This image made from video by NASA shows astronauts waving after the SpaceX capsule docked with the International Space Station, Sunday, March 16, 2025. Top row from left: Nick Hague, Alexander Gorbunov, Suni Williams, Alexei Ovchinin.

Over the moon: SpaceX capsule docks with ISS as stranded NASA astronauts welcome replacement crew

A view of the pollution caused by garbage and various wastes following the thousands of Palestinians displaced under the ceasefire agreement between Hamas and Israel have returned to the northern Gaza Strip in Jabalia, Gaza on March 13, 2025.

US rejects Hamas’s ‘entirely impractical’ demands to implement ceasefire as talks reach impasse

The US has launched large strikes in Yemen as Donald Trump promised "overwhelming lethal force" until the Houthis cease attacks on shipping.

US launches strikes on Yemen as Trump promises 'overwhelming lethal force' against Houthis

"I ran, not to rip the joey away from its mother, but from fear she might attack me," Jones, who also uses the name Samantha Strable, posted on social media.

American influencer apologises after being threatened with deportation for snatching baby wombat from mum

Soccer - International Friendly - Venezuela v Nigeria

England star John Fashanu arrested over 'five crimes' as he sues police for £100,000 compensation

NASA astronauts Nick Hague, right, Suni Williams, and Butch Wilmore. (NASA via AP)

'Stranded' NASA astronauts set to return from nine month space mission - but what health issues could they face?

Smoke billows from the MV Solong cargo ship in the North Sea, off the Yorkshire coast in England, Tuesday, March 11, 2025. (Dan Kitwood/Pool Photo via AP)

Russian captain of Solong container ship remanded in custody following crash with US oil tanker