Judge Engoron Imposes Gag Order After Trump Attacks Clerk

[admin]

The Light is Red, That Means "Fun, Fun, Fun."
Donald Trump Plays Chicken With the Justice System
by Ben Meiselas
MeidasTouch
10/22/23

Donald J. Trump ReTruthed
Claudia Yohan
@parliamental011
Replying to @realDonaldTrump
Judge Threatens Trump With Jail Mid-Trial After Democrat PAC Complained He Breached Gag Order
thefirstlightreport.com posting.php?mode=reply&f=6&t=4511

thefirstlightreport.com posting.php?mode=reply&f=6&t=4511
Judge Threatens Trump With Jail Mid-Trial After Democrat PAC Complained He Breached Gag Order
THE FIRST LIGHT REPORT
Conservative News Box
OCTOBER 20, 2023



The judge presiding over Donald Trump’s bank fraud trial issued a stern warning to the former president for violating a gag order by failing to remove a website post attacking court staff.

Justice Arthur F. Engoron threatened to impose a $5,000 fine and possible jail time for future violations.

“In the current overheated climate, incendiary comments can and in some cases already has, led to serious physical harm and worse. I will now allow the defendants to explain why this blatant violation of the gag order would not result in serious sanctions, including financial sanctions and/or possibly imprisoning him,” he said.

ACTUAL QUOTE FROM ORDER: "In the current overheated climate, incendiary untruths can, and in some cases already have, led to serious physical harm, and worse.

Donald Trump has received ample warning from this Court as to the possible repercussions of violating the gag order. He specifically acknowledged that he understood and would abide by it. Accordingly, issuing yet another warning is no longer appropriate; this Court is way beyond the "warning" stage.

Given defendant's position that the violation was inadvertent, and given that it is a first time violation, this Court will impose a nominal fee, $5,000, payable to the New York Lawyers' Fund for Client Protection, within ten (10) days of the date of this order.

Make no mistake: future violations, whether intentional or unintentional, will subject the violator to far more severe sanctions, which may include, but are not limited to, steeper financial penalties, holding Donald Trump in contempt of court, and possibly imprisoning him pursuant to New York Judiciary Law Section 753.END QUOTE

This marks the first time Trump has faced a substantial penalty for his incendiary social media posts.

Justice Engoron began the trial day by addressing Trump’s lawyers, emphasizing the seriousness of the violation in today’s heated political climate, where inflammatory comments can lead to harm.

While Trump’s trial is a civil matter, jail time was never a possibility, only substantial fines.

Defense lawyer Christopher Kise apologized for Trump’s oversight, attributing it to the sprawling campaign machinery and stating that there was no intention to ignore the order.

“There was no intention to evade or circumvent or ignore the order. I assure you that. I just know that this is a very large machine and this is one of the reasons, frankly, I don’t have social media,” Kise said, trying to deflect with some light humor.

“But that’s been taken down. And we don’t have any other… there were no subsequent postings.”

However, the judge reminded them that Trump remained responsible for this large operation.

“I will take that under advisement, but… Donald Trump is still responsible for the large machine,” Engoron reminded him.

Engoron had previously issued multiple warnings to President Trump about intimidating witnesses, maligning judges, and prosecutors.

“I spoke to defendants on and off the record. Off the record, I ordered Donald Trump to remove the post immediately. Approximately 10 minutes later, Donald Trump represented to me that he had taken down the offending post,” he began.

“I then, on the record, imposed on all parties to his action a very limited gag order forbidding ‘all parties from posting, emailing or speaking publicly about any members of my staff,’ emphasizing quite clearly that ‘personal attacks on members of my court staff are unacceptable, inappropriate and I will not tolerate them under any circumstances,’” he recalled.

“Despite this clear order, last night I learned that the subject of the offending post was never removed from the website donaldjtrump.com, and in fact had been on that website for the past 17 days. I understand that it was removed late last night, but only in response to email from this court,” he went on.

Meidas Touch has even taken credit [https://www.meidastouch.com/news/trump-could-be-jailed-following-meidastouch-report-on-gag-order-violation] for the judge’s actions, with a line at the bottom of their blog attempting to fundraise off the back of it.

https://www.meidastouch.com/news/trump-could-be-jailed-following-meidastouch-report-on-gag-order-violation
Trump Could Be Jailed Following MeidasTouch Report on Gag Order Violation
Trump failed to comply with a gag order set by a New York Judge, now he is facing the possible consequences
by J.D. Wolf
MeidasTouch.com
Oct 20, 2023

On Thursday, we reported [https://www.meidastouch.com/news/trump-never-removed-post-about-judges-clerk-from-website] that despite specific orders to remove a Truth Social Post that Trump made about a law clerk, who works for the New York Judge currently presiding over his civil fraud trial, the post remained up on his website.

"BEGIN QUOTE: https://www.meidastouch.com/news/trump- ... om-website.
EXCLUSIVE: Trump Never Removed Post About Judge's Clerk from Website
In violation of the Judge's Order
by Ron Filipkowski
Oct 19, 2023


ICMI: Truth from President Donald J. Trump, October 3, 2023. (1) Donald J. Trump@realDonaldTrump: Schumer's girlfriend, [DELETE] is running this case against me. How disgraceful! This case should be dismissed immediately!! instagram.com/[DELETE]; (2) Judicial Protest@JudicialProtest: Why is Judge Engoron's Principal Law Clerk, [DELETE] palling around with Chuck Schumer?

In court on October 3, 2023, in his New York fraud trial, the presiding Judge Arthur Engoron angrily ordered Donald Trump to take down his threatening and harassing social media post on Truth Social about his law clerk, and put in place a limited gag order that prohibited Trump from making disparaging or threatening comments, social media, or internet posts about any members of his staff or court personnel.

Trump complied.

Sort of.

Trump immediately deleted the post from his Truth Social account. However, the post remained up on his official website DonaldJTrump.com, where it remains to this day (Editor's note: The post was deleted following the publication of this article. This link brings you to an archived version of the website captured at the time this article was written). The social media post continuing to be up about the judge's clerk on Donald Trump's website seems to be a clear violation of the judge's order. END QUOTE"

Within hours of our reporting, Trump's team had deleted the post, but the New York Attorney General's Office notified the Court of this failure as the post had been up for 17 days after the gag order was first imposed.

The failure to delete the post was a direct violation of the Court's gag order, and this morning, Trump was lambasted by the New York Judge.

According to the Messenger, in court this morning the Judge blasted Trump for his failure to delete the post and asked why Trump should not face "serious sanctions" including fines or "possibly imprisoning him."

NY Daily News court reporter Molly Crane-Newman says Judge Engoron "asked Trump's lawyers why he shouldn't send him to jail or impose other sanctions in light of an incendiary post he ordered him to delete two weeks ago that remained online last night."

Trump attorney Chris Kise said it was an oversight.

The judge will rule later today on the matter.

"Molly Crane-Newman
@molcranenewman
Judge Engoron just asked Trump's lawyers why he shouldn't send him to jail or impose other sanctions in light of an incendiary post he ordered him to delete two weeks ago that remained online last night.
Chris Kise said it was an oversight. Judge will rule later. Story TK.
8:24 AM · Oct 20, 2023"

Donald J. Trump
@realDonaldTrump - 1d

In 2015 the Judge from the Trump case
gave a lecture to some college
students.
It's scary to think of the amount of
power this lunatic currently has.
1:51
Maze
@mazemoore

That followed Donald Trump Jr. reposting "Raheem" linking to article referencing "Engoron’s staff’s relationship with Senator Chuck Schumer." [1st violation of gag order]

Donald Trump Jr. reposted
Raheem. @RaheemKassam 4h
This is an absolute disgrace.
Arthur Engoron is acting on the orders of Democrat PAC 'MediasTouch'.
They're even gloating about it on their blog.
thenationalpulse.com

Judge Threatens Trump With Jail Mid-Trial After Democrat PAC Complained He Breached Gag Order.
by William Upton
TheNationalPulse.com
10/20/23



Judge Arthur Engoron threatened to throw former President Trump in jail on Friday morning, responding to a Democrat political action committee (PAC) that claimed Trump’s campaign website breached a recently imposed gag order after Trump highlighted Engoron’s staff’s relationship with Senator Chuck Schumer. The unprecedented incident underscores the partisan nature of the trial against Trump, with Engoron appearing to take his marching orders from the far-left PAC known as “Meidas Touch.” “In the current overheated climate, incendiary comments can and in some cases already has, led to serious physical harm and worse. I will now allow the defendants to explain why this blatant violation of the gag order would not result in serious sanctions, including financial sanctions and/or possibly imprisoning him,” Engoron said at the start of Friday’s proceedings. Trump attorney Christopher Kise responded that the deletion of the website was an oversight made by the Trump presidential campaign, noting the former President had already deleted a similar post on Truth Social. “There was no intention to evade or circumvent or ignore the order. I assure you that. I just know that this is a very large machine and this is one of the reasons, frankly, I don’t have social media,” Kise said. “But that’s been taken down. And we don’t have any other… there were no subsequent postings.” The left-wing New York judge said he’d take the defense teams response under advisement but gave no further indications as to what, if any, sanctions he might impose, adding that Trump was still responsible for the site’s content, despite there obviously being no intent to skirt the order. Meidas Touch has even taken credit for the judge’s actions, with a line at the bottom of their blog attempting to fundraise off the back of it.

[admin]

Fed-Up Judge THROWS Trump on Witness Stand, UNLEASHES FURY on Him
by Michael Popok
MeidasTouch
Oct 25, 2023

Today, Donald Trump was not only found to have violated the gag order in the New York fraud case for a second time and fined again, but the presiding judge also forced Trump to testify under oath about whether he was attacking the court’s law clerk, for a second time, and concluded that Trump LIED under oath. Michael Popok of Legal AF analyzes how a finding by the judge the Donald Trump can’t be trusted as a witness will impact the rest of the fraud case against him, seeking to take a fair share of Trump’s money and buildings away from him.



Transcript

[Donald Trump]This is a [INAUDIBLE] that never should have been
brought, but if we had a jury, it would
have been fair, at least, even if it was a
somewhat negative jury, because no
negative jury would vote against me. But
this judge will, because this judge is a
very partisan judge with a person who's
very partisan sitting alongside of him,
perhaps even much more partisan than he
is. So we are doing very well. The
facts are speaking very loud. He's a
totally discredited witness, and you
haven't seen anything yet.
This goes on for a long time. He's a
totally discredited witness.

[Michael Popok] This is Michael Popok, Legal AF. Another day of
Donald Trump attending his own fraud
case, another violation by him of the gag
order put in place by Judge Engoron to
stop him from attacking people like
Judge Engoron's law clerk. It happened
again. Look, I don't know what's going on
with the defense, but they've decided to
pick a fight with the law clerk, and
they're battling it out with the law
clerk as if that is making a difference
in the outcome of the evidence
presentation in the case. So Donald Trump,
as you just heard, went out into the
hallway during a break in the action of
Michael Cohen testifying, and made those
comments. And any 5-year-old who has any
spatial awareness whatsoever, has to
conclude that Donald Trump was talking
about the law clerk! There is only one
other person on planet earth that sits
adjacent to or alongside of a judge
who's up-on-high on a bench, and that's
his staff and his law clerk. Everybody
else is below the judge. Anybody that
watches Law and Order, or any
movie dealing with trials, knows that no
one is on Mount Olympus with the Judge
except for the Judge and his staff. And
so for for the argument to be that that
clip we just showed you has to be
Michael Cohen, who's a witness, who's a
good 6 feet down from where the Judge is,
and isn't sitting alongside the Judge, it
is preposterous, and totally unbelievable!
In fact, the Judge doesn't even believe
it.

Before we get to what happened with
the hearing and the resulting
$10,000 sanction, and more importantly,
forget the $10,000 sanction, a finding
today by the Judge that after Donald
Trump was put under oath and testified
to the Judge's questions, right? A
earth shattering event for his case, that
he had to take the stand under duress,
under threat by a Judge, and the
Judge concluded that he lied, that Donald
Trump lied to the Judge. That's what it
means when the Judge concluded, "I don't
find the witness credible." That's a nice
way of saying, "I don't believe Donald
Trump under oath, which means he lied to
me."

Now let's see Donald Trump, and what
he said again in the hallway trying to
allege that, "No no, I didn't mean
alongside "alongside." I met Michael Cohen.
Let's roll that clip.

[Reporter] Mr President, did you violate the gag order?

[Donald Trump] So what just happened, as you know,
this witness was fully impeached. He
admitted that he lied. That was a Perry
Mason moment. I hope you thought it. I
don't know if you did. A lot of times the
Press doesn't like to report what
happened ...

[Reporter] What was just happening inside the courtroom
just now?

[Donald Trump] What?!

[Reporter] What just happened inside
the courtroom right now?

[Donald Trump] You mean the
conversation?

[Reporters plural] Yes!

[Donald Trump] That I can't tell you.

[Reporter] Did you violate the gag order, Mr President?

[Donald Trump] No. No.

[Reporter] Were you you referring to the
clerk?

[Donald Trump] With respect to what?!

[Reporter] The disparaging comment?

[Donald Trump] No, not at all.

[Reporter] Who were you speaking about, as the person sitting next to the Judge?

[Donald Trump] Any other questions?

[Michael Popok] I mean there's no other
way for the Judge to conclude that
Donald Trump lied than to put those two
clips, the one that started my hot-take,
and that one, back-to-back. There's only
one person in that courtroom who's
sitting alongside the Judge, and that's
his principal law clerk, the same person
that started the whole gag order
requirement in the first place. This also
shows a fundamental misapprehension and
misunderstanding by lawyers who do not
practice regularly in my
courthouse, my particular courthouse,
which is the New York State Supreme
courthouse at 60 Center Street, it is not
for amateur hour. It is not for the faint
of heart. And it is not for people who
are not from this area, who are carpet
baggers, who come in here with nobody
next to them that understands practice
in that courtroom.

Every courtroom has
its own rules around the country. For
those that follow us from around the
world, every courthouse, every courtroom,
state or federal, has its own set of
rules of the road, chamber rules for that
particular Judge. In New York, in
particular, the law clerk plays a
tremendous role in the administration of
justice, probably like no other place.
They are are basically junior judges.
They make many decisions about discovery,
and other things, as gatekeepers, that
don't even go to the
Judge. I got a case right now where the
law clerk was yelled at by
opposing counsel much like Alina Habba
today to start her day, before she
started finishing the cross-examination
of Michael Cohen, in which she attacked the
law clerk once again.

[x]
Lisa Rubin@lawofruby
And notwithstanding their insistence that Trump was talking about Cohen, not the judge's law clerk, all three counsel -- Kise, Habba, and Robert -- are complaining about the conduct of the judge and their law clerk, saying they've been forced to litigate in front of "two judges."

Lisa Rubin
@lawofruby
Habba then singles out the law clerk, maintaining that she does not appreciate her eye rolling and yelling at Habba, despite not "earning the robe." That they are resisting further sanctions against Trump under the gag order while potentially further endangering the law clerk herself and the judge is *something.*
11:44 AM 10/25/23

[Michael Popok] I had an opposing
counsel talk over and attack the law
clerk, same as this position that we're talking
about with Judge Engoron,
and that law clerk stopped that
that opposing lawyer in his tracks and
said, "Don't you talk over over me. You are
to treat me the way you would treat the
judge in a courtroom." That is the power,
and that is by practice, and by rule,
what the law clerks are given that work
for each Judge.

So it is not good strategy, I posit, for you as a lawyer
to attack the law clerk, over and over
again, and make it personal. Okay? That is
not where winning and losing happens in
a case in New York State Supreme Court,
by attacking the law clerk. And that's
what Alina Habba, that's how the day
started. Just to put all this in context,
the day started with Alina Habba getting
up and saying she had once been a clerk --
and that's different. The type of clerk
she was, which I think was in New Jersey,
was a completely different clerk than
the principal law clerk that works for a
New York State Supreme Court Justice.
It's not even comparable. It's like apples
and bowling balls. She said, "When I was a
clerk, I was a clerk. So I take offense at
the eye rolling," and whatever acting out
she said that the law clerk was doing,
while she was cross-examining Michael
Cohen.

Look, she can do what she wants;
she's the law clerk. I'm not even sure
that that's even an accurate description
of what the law clerk was doing.
But they have it in their mind that the
law clerk is their enemy. In fact they
said, "We got two Judges here." Yeah, welcome
to New York State Supreme Court
practice! You have a lot of
responsibility that's imbued within the
principal law clerk. You would
know that if you practiced here
regularly, and you would treat that law
clerk with the respect almost at the
level of the Judge. Alina Habba likes
to say, "She hasn't earned that. She
doesn't have the robe." You, Alina Habba,
don't understand local practice. You
should go get -- I know everybody thinks
you're the local New York lawyer, but
you're not. You're the New Jersey lawyer
who comes over every day,
and has an office in a "we work" in New
York. That's not the same thing. Go get a
local lawyer that really understands the
rules of the road to God, because
you're way out of your depths. And going
after this law clerk is only getting
your client in trouble, and now your
client, because of Alina Habba's
shenanigans, and this obvious decided
strategy that they have to attack the
law clerk, has now gotten Donald Trump,
who's as undisciplined as they come,
to go out in the hallway way and attack
her again. And not only get
the fine. I know the headline is going to
be, "$10,000 fine," you know, double the
fine from last time, because last time
Trump got a $5,000 fine. And yes, the
Judge also threatened him, in that order,
with possible jail time if he
violates again. And I think we're getting
awful close to that.

[x]
erica orden
@eorden
Judge: To whom were you referring when you said the person sitting alongside? Trump: You and Cohen.
11:34 AM Oct 25, 2023

[Michael Popok] It's not just the
$10,000. It's that the Judge put Donald
Trump under oath, had him testify, asked
him, "Who are you talking about when you
made that comment? My law clerk or
somebody else?" And he said, "Michael Cohen."
And the Judge concluded, "I can't trust
this person who is testifying."

[x]
erica orden
@eorden
Judge: "As the trier of fact, I find the witness is not credible."
Judge is fining Trump $10,000
11:37 AM Oct 25, 2023

[Michael Popok] What's that
going to do down the road, Alina Habba and
Chris Kise, when your client takes the
stand to try to defend the inflated
asset case, the deflated asset case, the
fraud about your asset case, the
persistent fraud at the heart of the
case that could take away all of his
buildings, and all of his money?
Now you've so screwed it that Donald Trump
is already seen as a liar to this Judge
for future testimony.

That is the takeaway from today. That's the premise
of my hot-take. The premise of my hot-take is
this is where Donald Trump's two worlds
collide: the campaigning world, where he
wants to do anything in the hallway in
order to get the media cycle, and to
raise money, you know, to send out another
mailer for cash, while at the same time
it's having real world negative impact
on him in the courtroom, in real time, by
a Judge who is watching his every move
for one false step, and calling him out
on it in real time.

We don't play in New York State Supreme Court.
This isn't even federal court, where a
judge would say, "Well, that's a very
interesting thing what happened today. I think
we should have a full briefing. We'll
have a brief from you in a week, and a
brief from you in two weeks, we'll have a
hearing in 3 weeks. This is State Supreme
Court. This is a rodeo, okay? And you better hold on. Things
get decided immediately as they happen,
and sanctions come out that day. That's
the courtroom and courthouse that you're
in with Judge Engoron, or any of the
other judges in the New York State
Supreme Court.

I assure you, from my
understanding and my knowledge, the
judges that are watching Judge Engoron,
who are his colleagues, are nodding
their head. They would do the exact same
thing. Probably worse.

So that's the reporting on this particular hot-take in
real time here too, on the MeidasTouch
Network, and only on their YouTube
channel, and on Legal AF, the leading
podcast at the intersection of law,
politics, and justice. Donald Trump
continues to suffer from his own
narcissism and ego, attacking the law
clerk, getting sanctioned for violating
the gag order, not only having to pay
$10,000 but ruining any ability of his
to be able to be a persuasive advocate
in truth down the road in this case by
lying to the judge today, lying to the
American people on clips that we just
showed here.

We're going to continue to
follow this case in real time. It'll
either be me, Karen Freidman Agnifilo, Ben Meiselas,
the leaders of Legal AF. We do it
in hot-takes like this one. We do it on
the podcast Legal AF every Wednesdays
and Saturdays at 8:00 pm eastern time,
and then on podcast platforms wherever
you can get it. Until my next hot-take,
until my next episode of Legal AF, this is
Michael Popok reporting.

[admin]

[x]
Kyle Mazza @KyleMazzaWUNF
Inside the courtroom at the New York City civil fraud trial, I witnessed Former US President Donald J. Trump slam the table, stand up and storm out of the courtroom with US Secret Service agents chasing after the Former President when the Judge denied a motion to dismiss the case

Kyle Mazza@KyleMazzaWUNF
I have never seen that before in covering crime/courts. The courtroom audibly gasped. Surreal experience witnessing that Wednesday afternoon, October 25, 2023.

[admin]

Judge suggests Trump attorney is misogynist, threatens gag order
by ABC News
Nov 02, 5:20 PM EDT

Adam Klasfeld @KlasfeldRepo
Chris Kise joins in:
"I don't know what else, other than sensationalizing is the issue. [...] Or just harassing the witness."

Adam Klasfeld
@KlasfeldReports
Engoron tears into Kise, after he refers to the clerk:
"Do not refer to my staff again." [...]
"She's a civil servant."
"Sometimes I think there's a bit of misogyny in you referring to my female principal law clerk."

erica orden@eorden
Kise is continuing to complain about the clerk, saying she is passing notes to the judge.
Judge Engoron pounded on the bench: "That's right!" he shouted. "Confidential communications for my record. Absolute right to it. You don't have any right to see it."

Lisa Rubin
Kise refers to his principal law clerk, and now Engoron, while calm, is furious, noting that the obsession with his clerk seems misogynistic to him. Any further reference to my principal law clerk will result in my expanding the order to the attorneys, Engoron says.

Court concluded for the day with a threat from Judge Engoron to expand the trial's limited gag order to include attorneys, after a clash between the judge and defense counsel.

The judge had previously issued the partial gag order prohibiting defendants from making public comments about his staff, after former President Trump posted online about Engoron's law clerk.

After defense attorney Chris Kise suggested potential bias from the bench, Engoron told him, "Do not refer to my law clerk again."

"Sometimes I think there might be a bit of misogyny," Engoron told Kise.

"I have the right to make points on the record," Kise responded. "If there is bias in the proceedings, I have the right to raise that."

Engoron, pounding on the bench, shouted into his microphone that Kise had no right to hear conversations between the judge and his clerk.

"I have an absolute, unfettered right to get advice from my principal law clerk," Engoron said.

Court is scheduled to resume tomorrow morning when Eric Trump returns to the stand.

[admin]

Judge Gags Trump’s Lawyers From Statements About Communications With Staff, Threatening ‘Serious Sanctions’: The judge said "hundreds of harassing and threatening phone calls, voicemails, emails, letters, and packages" poured into chambers since trial began
by Adam Klasfeld
Published 11/03/23 03:14 PM ET|Updated 53 min ago

A Manhattan judge expanded his gag order against former President Donald Trump on Friday to bar his lawyers from mentioning his "confidential communications" between him and his staff.

"Failure to abide by this directive shall result in serious sanctions," New York County Supreme Court Justice Arthur Engoron warned in a three-page ruling.

Engoron justified his order on his efforts to keep his staff from violent harm. Judges and prosecutors whom Trump have criticized have received death threats in the past, including U.S. District Judge Tanya Chutkan and Manhattan District Attorney Alvin Bragg.

"The threat of, and actual, violence resulting from heated political rhetoric is well-documented," Engoron wrote. "Since the commencement of this bench trial, my chambers have been inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters, and packages. 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."

On Oct. 3, 2023, Engoron imposed a gag order narrowly barring Trump from making statements about his staff after he smeared the judge's law clerk on Truth Social, baselessly accusing her of having an affair with Sen. Chuck Schumer, D-N.Y. The judge ordered Trump to delete the "untrue" and "disparaging" post, then gagged him later in the day. The narrow order did not prevent Trump from making any statements about the judge or New York Attorney General Letitia James, who brought the lawsuit threatening the former president's business empire.

"As I have made clear, as the Judge in this case and the trier of fact, the gag order does not apply to me," Engoron wrote. "However, I will not tolerate, under any circumstances, remarks about my court staff."

Trump has attacked both the judge and the attorney general via social media repeatedly since that time, without violating the terms of the gag order.

Eventually crossing the line, Trump has twice been found in violation of the gag order, first by failing to delete his original smear of the clerk on the campaign trail, and then, with an indirect swipe at an individual seated "alongside" the judge. The former president paid $15,000 in fines for both instances, but those admonishments have not stopped Trump's attorneys from criticizing the clerk as biased.

On Thursday afternoon, Trump's lead attorney Christopher Kise made a remark about the judge receiving a note from his clerk, which may have been about "dinner," a remark that NBC News noted seemingly echoed Trump's original smear about an alleged romantic relationship. Engoron suggested that Kise's remarks may have been fueled by "misogyny."

Kise denied that allegation, and he accused the clerk of showing bias by passing notes to the judge when Trump's lawyers are speaking. He signaled that he may move for a mistrial based on the clerk's purported bias. The judge invited Kise to follow through with that if he could find any grounds.

Read the full ruling below:

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY

PRESENT: HON. ARTHUR F. ENGORON

PEOPLE OF THE STATE OF NEW YORK, BY LETITIA JAMES, ATTORNEY GENERAL OF THE STATE OF NEW YORK,

Plalintiff,

-v-

DONALD J. TRUMP, DONALD TRUMP JR., ERIC TRUMP, ALLEN WEISSELBERG, JEFFREY MCCONNEY, THE DONALD J. TRUMP REVOCABLE TRUST, THE TRUMP ORGANIZATION INC. TRUMP ORGANIZATION LLC DJT HOLDINGS LLC, DJIT HOLDINGS MANAGING MEMBER, TRUMP ENDEAVOR 12 LLC, 401 NORTH WABASH VENTURE LLC, TRUMP OLD POST OFFICE LLC 40 WALL STREET LLC SEVEN SPRINGS LLC  

Defendants.

PART: 37

INDEX NO. 452564/2022

SUPPLEMENTAL LIMITED GAG ORDER

RECEIVED NYSCEF: 11/03/2023

On October 3, 2023, after Defendant Donald J. Trump posted to his social media account an untrue, disparaging, and personally identifying post about my Principal Law Clerk, I imposed on all parties to this action a very limited gag order, "forbidding all parties from posting, emailing, or speaking publicly about any members of my staff," emphasizing, quite clearly, that "personal attacks on members of my court staff are unacceptable, inappropriate, and I will not tolerate them under any circumstances." I further made clear that "failure to abide by this directive will result in serious sanctions."

On October 20, 2023, upon learning that Donald J. Trump failed to remove the post from one of his campaign websites, donaldjtrump.com, for a total of 17 days, I imposed a fine of $5,000.00 against Donald J. Trump for violating the gag order. On October 25, 2023, after conducting a brief hearing, I concluded that Donald J. Trump had intentionally violated my gag order by stating to a gaggle of reporters outside the courtroom the following statement in reference to my Principal Law Clerk: "This judge is a very partisan judge with a person who's very partisan sitting alongside him, perhaps even more partisan than he is," and fined him an additional $10,000.00.

I imposed the gag order only upon the parties, operating under the assumption that such a gag order would be unnecessary upon the attorneys, who are officers of the Court.

Over the past week, defendants' principal attorneys, namely, Christopher Kise (admitted pro hac vice) (Continental PLLC), Clifford Robert (Robert & Robert PLLC) and Alina Habba (Habba Madaio & Associates LLP), have made, on the record, repeated, inappropriate remarks about my Principal Law Clerk, falsely accusing her of bias against them and of improperly influencing the ongoing bench trial. Defendants' attorneys have made long speeches alleging that it is improper for a judge to consult with a law clerk during ongoing proceedings, and that the passing of notes from a judge to a law clerk, or vice-versa, constitutes an improper "appearance of impropriety" in this case. These arguments have no basis.

Pursuant to 22 NYCRR § 100.3 (B) (6) (6) (c): “A judge may consult with court personnel whose function to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges" (emphasis added). This is precisely the role of a Principal Law Clerk in the New York State Courts.

Moreover, ethics advisory opinions have further emphasized that: "The relationship between a judge and his/her law clerk is one of particular trust and confidence. Although a judge and his/her law clerk are of course not 'partners,' the two engage in the kind of professional interchange that might be found between long -time colleagues in a law firm." Advisory Opinion 07-04, available at https://www.nycourts.gov/ipjudicialethi ... /07-04.htm.

As I have stated on the record, seemingly to no avail, my law clerks are public servants who are performing their jobs in the manner in which I request. This includes providing legal authority and opinions, as well as responding to questions I pose to them. Plainly, defendants are not entitled to the confidential communications amongst me and my court staff, who are hired specifically to aid me in carrying out my adjudicative responsibilities. Nor are they entitled to continue referencing my staff in the record. Defendants' attorneys have had ample opportunity to make their record, and they have at length. Indeed, I will assist them by repeating here that I will continue to consult with my staff, as is my unfettered right, throughout the remainder of the trial. Accordingly, defendants' record is now fully preserved for the duration of the proceedings. Defendants' attorneys may refer back to this blanket statement in their appeal as they deem appropriate. Defendants may reference my staff as is appropriate to ask about scheduling issues or the management of the trial, which is an integral part of their jobs. What they may not do is to make any further statements about internal and confidential communications (be it conversations, note passing, or anything similar) between me and my staff.

Defendants' First Amendment arguments in opposition to the imposition are wholly unpersuasive. This gag order is as narrowly tailored as possible to accomplish its purpose, which is to protect the safety of my staff and promote the orderly progression of this trial. As I have made clear, as the Judge in this case and the trier of fact, the gag order does not apply to me. However, I will not tolerate, under any circumstances, remarks about my court staff. The threat of, and actual, violence resulting from heated political rhetoric is well-documented. Since the commencement of this bench trial, my chambers have been inundated with hundreds of harassing and threat[en]ing phone calls, voicemails, emails, letters, and packages. 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.

Thus, for the reasons stated herein, I hereby order that all counsel are prohibited from making any public statements, in or out of court, that refer to any confidential communications, in any form, between my staff and me.

Failure to abide by this directive shall result in serious sanctions.

DATE: 11/3/2023

ARTHUR F. ENGORON, JSC

Non-Final Disposition

****************************

November 3, 2023

[Adam Klasfeld @Klasfeld Reports
Justice Engoron addresses the defense lawyers' comments that they've never seen a judge pass as many notes with his clerk.

[Adam Klasfeld @Klasfeld Reports
Engoron recounts an anecdote of another judge who presided over a high-profile case where a clerk was running for an election. That clerk boasted:
"I sit on the bench every day with the judge, whisper in his ear, and tell him how he rules."
That's not this case, he notes.

[Adam Klasfeld @Klasfeld Reports
"I hope I made myself clear yesterday."

[Adam Klasfeld @Klasfeld Reports
Trump's lawyer Chris Kise is unbowed, pressing how to make their record about their complaints about the clerk.

[Adam Klasfeld @Klasfeld Reports
Engoron: Do you feel the need to make further record as things stand now?
Kise: I think so, your honor.

[Adam Klasfeld @Klasfeld Reports
Engoron says: "I don't want to endanger the safety of my staff."
He notes later, "Notice, you can say whatever you want about me. [...] And that has been taken advantage of."
Trump routinely attacks Engoron, without penalty.

[Adam Klasfeld @Klasfeld Reports
Kise launches into an extensive monologue about how the world is watching this case, and he needs to make a record of perceived bias.

[Adam Klasfeld @Klasfeld Reports
Engoron scoffs about Kise's remarks about establishing a record.
"You've said all this," the judge notes.

[Adam Klasfeld @Klasfeld Reports
Kise alludes to an article about the clerk's campaign contributions.

[Adam Klasfeld @Klasfeld Reports
Kise says that if that issue is substantiated, "I think the defense will have to make serious consideration to seeking a mistrial."

[Adam Klasfeld @Klasfeld Reports
Kise:
"I think we all need to take this very seriously because the entire world is watching."

[Adam Klasfeld @Klasfeld Reports
Kise makes his "two adversaries" remark again, for a third time.
Engoron notes, again, that he's said that.

[Adam Klasfeld @Klasfeld Reports
NYAG's counsel Andrew Amer:
"The notion that bias can be assessed by the number of notes passed between a clerk and a judge," and the number of notes passed by which side, "I've never heard of that."

Adam Klasfeld @Klasfeld Reports
Amer:
No party has the right to the internal deliberations of a chambers. That's absolutely clear. That includes knowing how many notes are being passed from one part[y] to another.

Adam Klasfeld @Klasfeld Reports
Amer says we're "wasting a lot of time with speeches," and if they really have an issue, "put it in motion papers."

Adam Klasfeld @Klasfeld Reports
Engoron:
"It's a shame that we descended to this level. I agree that the world is watching."

[Adam Klasfeld @Klasfeld Reports
Kise said the news report in question is on Breitbart.
Audible groans throughout the courtroom.

[Adam Klasfeld @Klasfeld Reports
It should be noted:
The Breitbart article in question attacking the judge's clerk is attributed to a bar complaint filed by a Wisconsin man with a Twitter account.

[Adam Klasfeld @Klasfeld Reports
The bio of the Twitter user who's the sole source of the Breitbart article brought up by Trump's attorney in open court is:
"Applying the 69th Amendment to the Internet!"
The user's feed is filled with the same smear of the clerk that sparked the original gag order.

[Adam Klasfeld @Klasfeld Reports
Before the morning recess, sparks fly between Engoron and Kise.
Engoron warns no more remarks about his clerk, even to create a record:
"If you want to appeal, or move to recuse, you have plenty of ammunition," Engoron says.

[Adam Klasfeld @Klasfeld Reports
Engoron said that the record Kise wants would be "useless" anyway, because the judge has the absolute right to receive notes from his staff.

[Adam Klasfeld @Klasfeld Reports
Engoron:
"If you want to make a motion at this point, go ahead and do it." [...] "You've made speeches. You've made observations." [...] "What more of a record do you want?"

[Adam Klasfeld @Klasfeld Reports
Kise trots out the "two adversaries" line a fourth time.

[Adam Klasfeld @Klasfeld Reports
NYAG's counsel Kevin Wallace slams the "sideshow "of the clerk passing notes to the judge as being "designed to interrupt our ability to put an end to this."
"If there's something improper between a judge and a clerk passing notes, you should make your motion now," he says.

[Adam Klasfeld @Klasfeld Reports
Engoron says he will issue a written decision later today.

[Adam Klasfeld @Klasfeld Reports
After NYAG's counsel Andrew Amer talks about establishing a record on an unrelated issue, Kise interjects loudly and with heavy sarcasm:
"Wow, a record! There needs to be a record! That's interesting."

[Adam Klasfeld @Klasfeld Reports
Proceedings have ended for the day.

[Adam Klasfeld @Klasfeld Reports
"Judge Warns Trump's Lawyer Against Swiping at clerk: 'Do Not Refer to My Staff Again'"
The fiery ending of the first day of Eric Trump's testimony -- plus the backstory, @TheMessenger.

[admin]

Trump's Lawyers Relying On Breitbart Source Who Accused Judge Engoron of Drinking on the Job: In 2020, a court ruled that this source created websites and videos in "a bad faith effort to harass and intimidate defendants, their counsel, and the court"
by J.D. Wolf
MeidasTouch.com
Nov 3, 2023



In court today, Trump lawyer Christopher Kise cited a Breitbart article accusing Judge Engoron's law clerk of being politically biased. When Kise admitted his article came from Breitbart, some in the courtroom laughed. See our reporting on this below.

https://www.meidastouch.com/news/courtr ... -breitbart
Courtroom Laugh as Trump's Lawyer Attacks Clerk Again Citing Breitbart Article

An examination of the article that Trump's lawyers are relying on uses a source named Brock Fredin, who is behind the "Judicial Protest" account on Twitter. This is the same account that authored the tweet that Trump was ordered to delete off Truth Social.

Donald J. Trump
@realDonaldTrump
Schumer's girlfriend, Alison R. Greenfield, is running this case against me. How disgraceful! This case should be dismissed immediately!!
instagram.com/greenfield4civil...

Judicial Protest
@JudicialProtest
Why is Judge Engoron's Principal Law Clerk, Allison R. Greenfield, palling around with Chuck Schumer?

[UnRedacted Truth Social post Trump deleted attacking Judge Ergoron's law clerk

Fredin, the source Trump's lawyers are relying on, also created a website attacking Judge Engoron's law clerk as a "Democrat operative and hack" and another part of the website claims the law clerk is "a danger to American families." As a courtesy, we have redacted images and the name of Judge Engoron's law clerk.

[DELETE] DEMOCRAT OPERATIVE & HACK

Trump's lawyer relying on source attacking law clerk as a "hack" and "a danger"

Fredin wrote a letter to Engoron in which he claims he is the victim of a "direct attack" on his first amendment rights because Trump was told to delete the repost of his tweet from his "Judical Protest" Twitter account.

Hon. Arthur F. Engoron
60 Centre Street
Chambers Room 566/418
New York, NY 10007

Re: People v. Trump et al., Index No. 452564/2022 - Intervening Letter Concerning Ordering Directing Removal of @JudicialProtest Re-tweet and Repeated Ethical Violations by Principal Law Clerk [DELETE]

Justice Engoron:

“My name is Brock Fredin and I operate the Twitter account @JudicialProtest,” Fredin wrote in the Oct. 3, 2023, complaint sent to Engoron. “I write with respect to the blatantly unethical and partisan conduct of Your Honor’s Principal Law Clerk Allison Greenfield, the Court’s ‘Gag Order’ issued today concerning President Trump’s retweeting of my tweet about Ms. Greenfield and Senator Chuck Schumer taken at a Chelsea Reform Democrat Club brunch and the overly apparent appearance of impropriety in the above-referenced matter with respect to Ms. Greenfield’s repeated partisan political and Democrat activities while employed as a law clerk.

Given that President Trump’s post at-issue today was a re-tweet of my original tweet on the @JudicialProtest account, the Court’s order directing President Trump to remove it is a direct attack on my First Amendment rights (as well as President Trump’s), particularly since the Court asserted on the record that my tweet was a ‘personal attack’ on Ms. Greenfield rather than a post exposing and criticizing the misconduct of a public official. I am consequently an interested party and submit this letter as such. To be clear, though, this letter and its contents are not a ‘personal attack’ on Ms. Greenfield. Rather, this letter contains receipts and raises serious ethical violations as to her political speech and activities involving the Democrat Party while employed as your law clerk that undoubtedly create an appearance of impropriety in People v. Trump et al.”

Portion of a letter to Judge Engoron

From his Judicial Protest account, Fredin has posted videos and memes calling Judge Engoron a "hobo" and falsely claiming he's been drinking while on the job. MeidasTouch covered how the Twitter account Trump reposted attacking Engoron's law clerk also baselessly claimed the judge drinks on the job.

Trump's Now-Deleted Attack Boosted an Account Falsely Claiming "Hobo" Judge Engoron Drinks on the Job: Trump's attack on law clerk amplified a disinformation account slandering Engoron as drinking 40's while in session
by J.D. Wolf
MeidasTouch.com
Oct 3, 2023



Desperate Trump claimed that Chuck Schumer, who has been married to Iris Weinshall for over 40 years, has a girlfriend, Allison Greenfield, who is "running" the New York Civil fraud case against him. It's true that Greenfield is Judge Engoron's Chief Clerk, but Trump posted a screenshot of a tweet showing a picture of Schumer and Greenfield together implying something improper is happening in Trump's civil case.

Donald J. Trump
@realDonaldTrump
Schumer's girlfriend, Alison R. Greenfield, is running this case against me. How disgraceful! This case should be dismissed immediately!!
instagram.com/greenfield4civil...

Judicial Protest
@JudicialProtest
Why is Judge Engoron's Principal Law Clerk, Allison R. Greenfield, palling around with Chuck Schumer?

Trump posted screenshot of Schumer and Engoron Chief Clerk

The Trump-boosted Twitter account, "Judicial Protest" is verified with about 150 followers and describes itself as "applying the 69th amendment to the internet." The account follows 3 other accounts including a nationalist themed one. The account links a rumble account with the same name that appears to generate it's own right wing disinformation videos against lawyers.

The "Judicial Protest" account may have captured Trump's attention recently due to a viral video claiming Judge Engoron is a "hobo" and drinks alcohol out of 40oz bottles while on the job.

Judicial Protest @JudicialProtest
Corrupt Justice Arthur Engoron - New York's Hobo Judge
Just Watch This Hobo Judge Drink From A 40 During A Hearing

Trump-boosted account claims Judge drinks from a 40 while on the job

The graphic makes it hard to see the bottle clearly, but this appears to be a green sparkling water bottle. The disinformation account goes so far as to falsely claim that Judge Engoron was drinking from Tanqueray gin bottle in their viral video. The account also falsely claimed Trump's attorneys began the trail by asking Judge Engoron, "What's in the bottle?"

Judicial Protest @JudicialProtest
Opening statements took a turn this morning after a video appeared online last week garnering over 1 million views showing Justice Engoron drinking from a Tanqueray gin bottle during a hearing.
Trump's attorneys began today's civil fraud trial by asking Judge Engoron: "What's in the bottle?"
#Trump #MommyHabba #TrumpCivilFraudTrial
BREAKING NEWS - WHAT'S IN JUSTICE ENGORON'S BOTTLE?
10:13 AM 10/2/23 from Earth

Disinfo account boosted by Trump claims Judge Engoron drinking on the job

Now if the account claimed Alina Habba had downed an entire bottle of Tanqueray gin and that's why she forgot to select a jury trial on the form, that would be believable. This, however, is completely unreasonable.

The account also shared altered pictures falsely claiming House members AOC, Comer, Rankin, Stansbury, and Garcia were investigating Judge Engoron's drinking.

Judicial Protest @JudicialProtest
During the impeachment proceedings involving President Biden, Jamie Raskin and James Comer raised inquiries concerning the level of impairment of Justice Engoron when he rendered a decision earlier this week to rescind the business licenses belonging to Donald Trump.
Justice Engoron, informally known as the "Hobo Judge" of New York, was reportedly seen with what Mr. Raskin characterized as a bottle of Tanqueray.
11:12 AM 9/29/23 from Earth

Back to Schumer, the Trump-boosted disinfo account also posted a fake picture of Schumer sitting in the courtroom claiming Schumer was "giving instructions" to Judge Engoron.

Judicial Protest @JudicialProtest
Cryin' Chuck Schumer giving instructions to Justice Engoron and his clerk Allison Greenfield before the Trump civil fraud trial begins.
#Trump #MommyHabba #TrumpCivilFraudTrial
9:55 AM 10/2/23 from Earth

Trump-boosted account claim Schumer giving instructions to Judge Engoron

Trump fell for a fake account. The picture of Schumer and Greenfield very well may be real, but the underlying idea that Schumer is involved with Greenfield or manipulating the court from behind the scenes is false.

The Trump post has received almost 3,000 reposts and over 5,000 likes on Truth Social before it was deleted and also began circulating on Twitter among right wing accounts. Trump signaled a new person to attack: Engoron's law clerk.

Not found
This resource could not be found

Trump's deleted post

Desperate Trump, who constantly decries "fake news," wants political power back and continues attacking the justice system in an attempt to flee from accountability. That doesn't excuse falling for a fake account claiming the judge in his case is drinking on the job and Senate Majority Leader Chuck Schumer is manipulating the court from behind the scenes.

Trump's Now-Deleted Attack Boosted an Account Falsely Claiming "Hobo" Judge Engoron Drinks on the Job

This isn't the first time Fredin has attacked judges and others with wild claims. In 2022, a legal opinion was rendered by a federal judge in a case involving Fredin.

Judicial Protest @JudicialProtest
Opening statements took a turn this morning after a video appeared online last week garnering over 1 million views showing Justice Engoron drinking from a Tanqueray gin bottle during a hearing.
Trump's attorneys began today's civil fraud trial by asking Judge Engoron: "What's in the bottle?"
#Trump #MommyHabba #TrumpCivilFraudTrial
BREAKING NEWS - WHAT'S IN JUSTICE ENGORON'S BOTTLE?
10:13 AM 10/2/23 from Earth

Tweet claiming Trump's attorney implied Engoron is drinking in court

The judge wrote that "Fredin has filed many documents containing extremely inflammatory remarks directed to Defendants, their families, their legal counsel, and court personnel." The judge also stated that Fredin had "mounted a campaign to create websites and internet videos that disparage attorneys, judges, jurors, and court personnel involved in his various lawsuits."

Fredin v. Middlecamp
A. Plaintiff's Prior Misconduct
In the course of these lawsuits, Fredin has filed many documents containing extremely inflammatory remarks directed to Defendants, their families, their legal counsel, and court personnel. He has also mounted a campaign to create websites and internet videos that disparage attorneys, judges, jurors, and court personnel involved in his various lawsuits. (See, e.g., Declaration of K. Jon Breyer [17-cv-03058, Doc. No. 215] (“First Breyer Decl.”) Ex. 7; see Declaration of Anne M. Lockner [20-cv-01929, Doc. No. 18] (“First Lockner Decl.”) ¶¶ 5-31, Exs. A-F.) These websites and videos contain photographs of the victims of his campaign (judges, lawyers, and the like) with captions or voiceovers that make baseless accusations of racism, torture, drug abuse, and other illegal acts. (See id.)

Fredin has acknowledged that he is responsible for these websites and videos, declaring that “[u]nder no conditions will any of these websites or videos ever be taken down.” (Pl.'s Mem. [20-cv-01929, Doc. No. 28] at 4.) And the Court found that Fredin strategically uploaded these websites and videos to pressure Defendants to offer favorable settlement terms and to receive favorable judicial rulings. (Nov. 23, 2020 Order [20-cv-1929, Doc. No. 39] (“Sanctions Order”) at 17-18.)

Portion of opinion from federal judge

The judge said these "websites and videos contain photographs of the victims of his campaign (judges, lawyers, and the like) with captions or voiceovers that make baseless accusations of racism, torture, drug abuse, and other illegal acts." The judge stated that "the Court found that Fredin strategically uploaded these websites and videos to pressure Defendants to offer favorable settlement terms and to receive favorable judicial rulings."

Trump with his lawyer

Trump's lawyer is depending on a Breitbart source that a federal judge found to be making videos of "baseless accusations" against "judges, lawyers, and the like" in order to "pressure defendants to offer favorable settlement terms and to receive favorable judicial rulings."

Trump's lawyers are desperate. If they would have done their homework, they would have steered clear of this line of attack. What a mess.

[admin]

SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY

PRESENT: HON. ARTHUR F. ENGORON

PEOPLE OF THE STATE OF NEW YORK, BY LETITIA JAMES, ATTORNEY GENERAL OF THE STATE OF NEW YORK,

Plalintiff,

-v-

DONALD J. TRUMP, DONALD TRUMP JR., ERIC TRUMP, ALLEN WEISSELBERG, JEFFREY MCCONNEY, THE DONALD J. TRUMP REVOCABLE TRUST, THE TRUMP ORGANIZATION INC. TRUMP ORGANIZATION LLC DJT HOLDINGS LLC, DJIT HOLDINGS MANAGING MEMBER, TRUMP ENDEAVOR 12 LLC, 401 NORTH WABASH VENTURE LLC, TRUMP OLD POST OFFICE LLC 40 WALL STREET LLC SEVEN SPRINGS LLC

Defendants

PART: 37

INDEX NO. 452564/2022

SUPPLEMENTAL LIMITED GAG ORDER

On October 3, 2023, after Defendant Donald J. Trump posted to his social media account an untrue, disparaging, and personally identifying post about my Principal Law Clerk, I imposed on all parties to this action a very limited gag order, "forbidding all parties from posting, emailing, or speaking publicly about any members of my staff," emphasizing, quite clearly, that "personal attacks on members of my court staff are unacceptable, inappropriate, and I will not tolerate them under any circumstances." I further made clear that "failure to abide by this directive will result in serious sanctions."

On October 20, 2023, upon learning that Donald J. Trump failed to remove the post from one of his campaign websites, donaldjtrump.com, for a total of 17 days, I imposed a fine of $5,000.00 against Donald J. Trump for violating the gag order. On October 25, 2023, after conducting a brief hearing, I concluded that Donald J. Trump had intentionally violated my gag order by stating to a gaggle of reporters outside the courtroom the following statement in reference to my Principal Law Clerk: "This judge is a very partisan judge with a person who's very partisan sitting alongside him, perhaps even more partisan than he is," and fined him an additional $10,000.00

I imposed the gag order only upon the parties, operating under the assumption that such a gag order would be unnecessary upon the attorneys, who are officers of the Court.

Over the past week, defendants' principal attorneys, namely, Christopher Kise (admitted pro hac vice) (Continental PLLC), Clifford Robert (Robert & Robert PLLC) and Alina Habba (Habba Madaio & Associates), have made, on the record, repeated, inappropriate remarks about my Principal Law Clerk, falsely accusing her of bias against them and of improperly influencing the ongoing bench trial. Defendants' attorneys have made long speeches alleging that it is improper for a judge to consult with a law clerk during ongoing proceedings, and that the passing of notes from a judge to a law clerk, or vice-versa, constitutes an improper "appearance of impropriety" in this case. These arguments have no basis.

Pursuant to 22 NYCRR § 100.3(B))6)(c): "A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges" (emphasis added). This is precisely the role of a Principal Law Clerk in the New York State Courts.

Moreover, ethics advisory opinions have further emphasized that: "The relationship between a judge and his/her law clerk is one of particular trust and confidence. Although a judge and his/her law clerk are of course not 'partners,' the two engage in the kind of professional interchange that might be found between long-time colleagues in a law firm." Advisory Opinion 07-04, available at https://www.nycourts.gov/ipjudicialethi ... /07-04.htm.

As I have stated on the record, seemingly to no avail, my law clerks are public servants who are performing their jobs in the manner in which I request. This includes providing legal authority and opinions, as well as responding to questions I pose to them. Plainly, defendants are not entitled to the confidential communications amongst me and my court staff, who are hired specifically to aid me in carrying out my adjudicative responsibilities. Nor are they entitled to continue referencing my staff in the record. Defendants' attorneys have had ample opportunity to make their record, and they have at length. Indeed, I will assist them by repeating here that I will continue to consult with my staff, as is my unfettered right, throughout the remainder of the trial. Accordingly,, defendants' record is not fully preserved for the duration of the proceedings. Defendants' attorneys may refer back to this blanket statement in their appeal as them deem appropriate. Defendants may reference my staff as is appropriate to ask about scheduling issues or the management of the trial, which is an integral part of their jobs. What they may not do is to make any further statements about internal and confidential communications (be it conversations, note passing, or anything similar) between me and my staff.

Defendants' First Amendment arguments in opposition to the imposition are wholly unpersuasive. This gag order is as narrowly tailored as possible to accomplish its purpose, which is to protect the safety of my staff and promote the orderly progression of this trial. As I have made clear, as the Judge in this case and the trier of fact, the gag order does not apply to me. However, I will not tolerate, under any circumstances, remarks about my court staff. The threat of, and actual, violence resulting from heated political rhetoric is well-documented. Since the commencement of this bench trial, my chambers have been inundated with hundreds of harassing and threat[en]ing phone calls, voicemails, emails, letters, and packages. 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.

Thus, for the reasons stated herein, I hereby order that all counsel are prohibited from making any public statements, in or out of court, that refer to any confidential communications, in any form, between my staff and me.

Failure to abide by this directive shall result in serious sanctions.

DATE: 11/3/2023

HON. ARTHUR F. ENGORON

Non-Final Disposition

*****************

Trump Lawyers MINDLESSLY Attempt to BAIT Judge, He SMACKS THEM HARD
MeidasTouch
Nov 4, 2023

Donald Trump’s lawyers continue to mindlessly attack Judge Engoron AND his law clerk hoping the judge will make an error and they can get him removed from the New York Attorney General civil fraud case Michael Popok, of Legal AF, who practices regularly in these same New York court rooms, explains why this plan to disqualify the judge is doomed for failure, and will more likely lead to Trump’s lawyers losing their license to practice law in New York in this case.

[admin]

Donald J. Trump ReTruthed
VonRitter@Truth4U
@VonRitter
Replying to @realDonaldTrump
MY FANTASY [x] I WOULD LIKE TO SEE LITITIA JAMES AND JUDGE ENGORON PLACED UNDER CITIZENS ARREST FOR BLATANT ELECTION INTERFERENCE AND HARASSMENT.

[admin]

Trump Instantly PLUNGES INTO CHAOS after Judge’s Order
by Michael Popok
MeidasTouch
Nov 17, 2023

Donald J. Trump
@realDonaldTrump
Judge Arthur Engoron has just been overturned (stayed!) by the New York State Appellate Division (Appeals Court), for the 4th TIME (on the same case!). His Ridiculous and Unconstitutional Gag Order, not allowing me to defend myself against him and his politically biased and out of control, Trump Hating Clerk, who is sinking him and his Court to new levels of LOW, is a disgrace. They are defending the Worst and Least Respected Attorney General in the United States, Letitia James, who is a Worldwide disgrace, as is her illegal Witch Hunt against me. The Radical and Unprecedented actions of Judge Engoron will keep BUSINESSES and JOBS forever out of New York State. I have done NOTHING WRONG, my numbers were low, not high, I have a COMPLETE DISCLAIMER CLAUSE, their Star Witness admitted he lied and made up this Fake case against me, and the Attorney General used a "Get Trump" platform in order to run for A.G. & Governor (she failed!). This wicked attack on Democracy must be ended, NOW!

Jason Miller
@JasonMillerinDC
There's no way President Trump can receive a fair trial when Democrats are sending partisan attack dogs to do their dirty work. How is this "justice"?
"Attorney Allison Greenfield: Democrat Operative and Hack."
attorneyallisongreenfield.com

Considering the Constitutional and statutory rights at issue an interim stay is granted.
Justice DF, 11/16/23
Motion Date: 11/27/23
Opposition: 11/22 12 noon
Reply: 11/27 10:00 am
EXPEDITE]

A lower level NY appellate justice has temporarily stayed on an interim basis until the end of November, Judge Engoron’s two gag orders against Donald Trump and his attorneys to continue to attack his principal law clerk, and others. Michael Popok of Legal AF explains what happened at today’s emergency hearing, what it could mean when the full appeals court considers the issue, and what Trump and his proxies did as soon as the gag was lifted.



******************************

Donald Trump Posts Tirade Against Judge, Court Clerk Hours After Gag Order Paused
by Nick Visser
Huff Post
Updated Fri, November 17, 2023 at 10:29 AM MST·2 min read

Former President Donald Trump went on a tirade against the judge overseeing his civil fraud trial on Thursday, just hours after an appeals court paused a gag order against him that limited what he could say about court staff.

A New York Appellate Division judge issued a stay on the gag order after finding it was “unconstitutional,” adding the pause would extend until at least Nov. 27 when a full panel of judges will consider the matter.

Considering the Constitutional and statutory rights at issue an interim stay is granted.
Justice DF, 11/16/23
Motion Date: 11/27/23
Opposition: 11/22 12 noon
Reply: 11/27 10:00 am
EXPEDITE]

The gag order was first imposed by Judge Arthur Engoron on the second day of the trial into Trump’s business practices after the former president fired off attacks against the judge’s law clerk.

Trump had violated the order twice, resulting in $15,000 in fines and warnings from Engoron that any further violations would result in harsh penalties. The judge had defended his ruling, noting he was attempting to protect court staff amid hundreds of threatening and antisemitic calls and letters.

Still, the former president celebrated the temporary pause on Thursday.

“His Ridiculous and Unconstitutional Gag Order, not allowing me to defend myself against him and his politically biased and out of control, Trump Hating Clerk, who is sinking him and his Court to new levels of LOW, is a disgrace,” Trump wrote on his Truth Social platform. “They are defending the Worst and Least Respected Attorney General in the United States, Letitia James, who is a Worldwide disgrace, as is her illegal Witch Hunt against me.”

The attacks extended throughout Trump’s orbit, with aides posting their own hits. Jason Miller, a senior adviser to Trump, called Engoron’s clerk, Allison Greenfield, a “Democratic Operative.” The post echoed Trump’s initial attack that resulted in the gag order.

Trump added Thursday the “wicked attack on Democracy must be ended, NOW.”

“The Radical and Unprecedented actions of Judge Engoron will keep BUSINESSES and JOBS forever out of New York State,” he said. “I have done NOTHING WRONG.

[admin]

https://eddsa.blob.core.usgovcloudapi.n ... FIRM_8.pdf
AFFIRMATION IN OPPOSITION TO MOTION FOR A STAY [DENNIS STAY]

AFFIRMATION IN OPPOSITION [LISA M. EVANS]
https://iapps.courts.state.ny.us/nyscef ... r30v8AXw==

SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT
In the Matter of the Application of

DONALD J. TRUMP, DONALD J. TRUMP, JR., ERIC TRUMP, ALLEN WEISSELBERG, JEFFREY MCCONNEY, THE DONALD J. REVOCABLE TRUST, THE TRUMP ORGANIZATION, INC., THE TRUMP ORGANIZATION, LLC, DJT HOLDINGS LLC, DJT HOLDINGS MANAGING MEMBER, TRUMP ENDEAVOR 12 LLC, TRUMP OLD POST OFFICE LLC, 40 WALL STREET LLC, AND SEVEN SPRINGS LLC,

Petitioners,

for a Judgment pursuant to Article 78 of the Civil Practice Law and Rules

-against

THE HONORABLE ARTHUR F. ENGORON, J.S.C., AND PEOPLE OF THE STATE OF NEW YORK by LETITIA JAMES, ATTORNEY GENERAL OF THE STATE OF NEW YORK,

Respondents.

Case No. 2023-05859

EXHIBIT E [To Affirmation in Opposition to Petitioners’ request for a stay of the enforcement of the limited gag orders issued by Justice
Engoron in People of the State of New York v. Donald Trump, et al., Index No. 452564/2022, by LISA M. EVANS, November 22, 2023]

CHARLES HOLLON, who is not a party to the action, affirms the following to be true under the penalties of perjury:

1. I am employed by the New York State Unified Court System (“UCS”), as a Court Officer-Captain in the Department of Public Safety (“DPS”). I am assigned to the Judicial Threats Assessment Unit of the DPS. As such, I am familiar with threats, disparaging comments, and harassing messages, made to and about Justice Arthur F. Engoron (“Justice Engoron”), and his staff via emails, telephone, and social media outlets. I am also aware that the personal emails and cell phone number of Allison Greenfield, Principal Law Clerk to Justice Engoron, (“Allison Greenfield”), have been compromised. I make this affirmation in opposition to Petitioners’ request for a stay of the enforcement of the limited gag orders issued by Justice Engoron in People of the State of New York v. Donald Trump, et al., Index No. 452564/2022.

2. The DPS provides security services at every New York State courthouse to ensure the safety and security of judges, nonjudicial personnel, court visitors, litigants and anyone entering the courthouse. The Judicial Threats Assessment Unit is made up of uniformed personnel who are trained on how to carefully analyze reported threats in order to determine possible courses of action necessary to secure the safety of the judges.

3. Once a judicial threat has been reported, court administration, local law enforcement, and court staff are notified by trained uniformed personnel that a threat exists. After a reported threat is carefully analyzed and is determined to be credible, security measures are put in place to ensure the safety of the judge, the judge’s staff and family members.

4. Prior to the commencement of the trial in the underlying matter, the judicial threats unit became aware of harassing and disparaging comments and threats made about and toward Judge Engoron on social media. Once we conducted our assessment that found the threats credible, we contacted local law enforcement, the FBI and Homeland Security to devise the appropriate security measures that would be implemented in order to protect the judge, his chambers staff, and those closely associated around him, including his family.

5. On or after October 3, 2023, the threats, harassment, and disparaging comments increased exponentially and also were now being directed at the judge’s law clerk. Specifically, on October 3, 2023, Mr. Trump posted to his social media account a picture of Allison Greenfield with United States Senator Charles Schumer with the added caption: “Schumer’s girlfriend, Allison R. Greenfield, is running this case against me. Flow Disgraceful! This case should be dismissed immediately.” Although Mr. Trump did not directly threaten Ms. Greenfield, the comments made in his post resulted in hundreds of threatening and harassing voicemail messages that have been transcribed into over 275 single spaced pages.

6. Ms. Greenfield’s personal information, including her personal cell phone number and personal email addresses also have been compromised resulting in daily doxing. She has been subjected to, on a daily basis, harassing, disparaging comments and antisemitic tropes. I have been informed by Ms. Greenfield that she has been receiving approximately 20-30 calls per day to her personal cell phone and approximately 30-50 messages per day on combined sites of social media, LinkedIn and two (2) personal email addresses. Ms. Greenfield also informed me that since the interim stay was issued lifting the gag orders on November 16, 2023, approximately half of the harassing and disparaging messages have been antisemitic.

7. Judges who receive threats are advised to not make public statements discussing the threats or any security measures that may be in place because doing so could compromise the security measures put in place to protect them and those around them.

8. The threats against Justice Engoron and Ms. Greenfield are considered to be serious and credible and not hypothetical or speculative. In order to provide this court with the seriousness of the threats being made against Justice Engoron and his staff, below is a representative sample of the hundreds of threats, disparaging and harassing comments and antisemitic messages that are directed at the judge and his staff.

9. The following are transcriptions of voicemail messages left on Justice Engoron’s chambers telephone:

A. You know. I'm not going to. Call you too many names. Today, I mean, it's clear. You're you're little fruit cake. You like to abuse children, I'm sure. And your shirtless pictures. Very inappropriate. I mean, you're so inappropriate. But you're clearly. A ******* dork.1 Massive quant. I mean everything about you screams little fagot dork. So again. I hope they. ******* bury your ugly ***. You and that fat ******* ***** ******* planet of the apes ******* star letisha the ******* ****. Little ******* Jews and. Filthy little Jews and. That's you. And I hate that word. And I hate. Putting people under group but you are filthy little Jews and. And you make everything about. This ****, you ******* hateful, divisive. I mean, honestly, you should be assassinated. You should be killed. You should be not assassin executed. You should be executed. But on trial executed for your crimes. You sick ******* pig and you shut it there and laugh as you ******* abuse this system because you abuse people you. ******* tyrant. And play this for the FBI and you can all **** yourself, you little *******. Please call me, you ******* losers. ******* stupid *****. I mean, it's. Clear. I've talked to. A bunch of you ******* dumb *************. J mean the stupidity. I mean, if we ever want to come for you. But Ebi will be eliminated in a ******* day. Bunch of ******* morons. To listen if any of you silly little **** want to talk, go ahead and call me, you ******* *****

B. Yes, Arthur, you are a corrupt Nazi and one of the ugliest people to ever walk the face of the earth. And your clerk, who's also corrupt Nazi is a fat ***** who blew Chuck Schumer and everybody knows it. You are such a lowlife. No one would ever want to sleep with you. You look like ****. You're corrupt. You're going to get overturned and I hope you get gonorrhea from letisha James the fat grimace ************

C. Resign now, you dirty, treasonous piece of trash snake. We are going to get you and anyone of you dirty, backstabbing, lying, cheating American. You are nothing but a bunch of communists. We are coming to remove you permanently.

D. Trust me. Trust me when I say this. I will come for you. I don't care. Ain't nobody gonna stop me either. I'll send every hacker in the world after every little file on you. And they will expose you. Any little dirty secret you have, you will not hide from me. I do not stand with Joseph Biden or what you are doing. I stand with the 12 houses of Israel. And in God we trust. Is the American way. Know that the blood runs red.

E. Do you think being a judge changes the fact that you're a pathetic little ******? You little ******* dork with your little ******* Jew girl. ******* helper, *****. You ******* stupid ****. God, I hope you ******* die. I hope they ******* come for you and ******* string you up. All you little *******. Watch you **** your pants and **** yourself before it happens. You think you're untouchable. God, I hope they ******* come for you again. Not a threat. I don't hurt anybody. I don't have. A voice other than to. ******* call and tell you that I'll be rooting for the people that come for you. I'll be cheering on your death or your demise. And because to the point where you forced us, I'll ******* bite you. But you'll have to make it so I'm starving, and I'll again be the ones telling people how to **** with you because. 1 believe in God. I don't believe in hurting people, but you've made it to the point where I hope you get hurt because you're ******* pathetic. You look so *******. What a little fagot. You don't realize what a dork you are, do you? Probably wasn't fun on the school ground for little. Egghead and a little Jewish *****. But that chick is fat and ugly and you're. Very offensive of her. She stuck your. ****, but she sucks your little ******* micro penis, doesn't she, judge ******? Look, ******* bunch of losers. By losers? Geeks, freaks. *******. And dirty Jews. And I love Jewish. People. But there's dirty Jews like you. Just like there's dumb. I love black people. But you know what? You guys want to make it all about. Identity and you know. What dirty Jews and stupid? Go die. I hope you all die. We're not going to kill you. I'm not going to kill you. I don't want anybody else to kill you because I don't want them to get in trouble. I just hope you die of like. You're stupidity. We'll probably get you killed, you lazy ******* filthy ****. Goodbye, 1 hope you. Have another horrible day? Ohh Trump made you. Look like a *****. What a little ******* whiny. Did she eat? Understand. Everybody sees what a little fagot you are. A little dork and freak Trump owns you, *****. I'm sure your aid. Would love to get that daddy Trump ******* planting that **** right up her ***. Freaky ******* ***** Your little ******* clerk. Humors, you know, was it her boyfriend? Probably just sucked his balls too.

F. Oh, and Allison, you are. I mean, there's nothing you can do. About that ugly face. But he look at his raeli women, Israeli Jews and beautiful in shape. And then there's ******* pig. Jews like you. Fat ******* stupid *******. 1 mean, lay off the Twinkies, you *****. You're clearly a ***** and a child molester. You ******* pedophilic *****. Anyway, listen. You look like ****. You're ******* filthy. Ugly. Dirty. I bet your ***** smells like a ******* garbage disposal. Guaranteed. Anyway, lose some ******* weight. Have a little pride in yourself, you fat *****.

G. Arthur, you lowlife ***** ** ****. Violating people's civil rights. You ******* scumbag ***** ** ****. You and lalita. James with your witch hunt. The funny thing is, once this or with remember, for every action there's a reaction. So don't get mad when you come. ******* hunt down. ******* we witch hunt. You and your family. We're going to take you to court. Take your kids, drag them in ******* court. How your parents are probably turning over in their ******* grave. ******* liberal ***** ** ****. You should be more worried about your ******* city and all the ******* robberies and ******* stabbings and then ******* murders and carjackings, but you're jealous of Donald Trump, you ******* scumbag. Pieces of ******* ****. You're ******* low. Like Arthur. I'll be calling you back again, you ******* ***** ** **** You ******* scumbag ************ Oh yeah, you're ******* clerk Alison ******* Greenfield. She's a ***** ** **** That's that ***** too. Lilita. James, you fat ******* **** You can't even ******* make sense when you go, girl. Girl, girl, Merrill, Merrill. Peril. We got real peril. Meryl guy. You're a ******* ******** ***** too, you fat ****. You guys are going to reap what you sow. So don't get. Talking mad.

10. The messages received by Justice Engoron and his staff every day has created an ongoing security risk for the judge, his staff and his family.

11. The implementation of the limited gag orders resulted in a decrease in the number of threats, harassment, and disparaging messages that the judge and his staff received. However, when Mr. Trump violated the gag orders, the number of threatening, harassing and disparaging messages increased.

12. On a daily basis, the judge and his staff are being inundated with hundreds of harassing and threatening phone calls, voicemail messages, and emails, that has resulted in the Judicial Threats Assessment Unit having to constantly reassess and evaluate what security protections to put in place to ensure the safety of the judge and those around him.

______________________
Charles Hollon

November 21, 2023

_______________

Notes:

1. The software used to transcribe the voicemails censors profanity. The asterisks contained in the transcriptions are used in place of the profanity.