Trump wants to take gag order fight to NY’s highest court, will be at civil fraud trial this week
Donald Trump wants to take his fight over the gag order in his New York civil fraud case all the way to the state’s highest court, his attorneys said Monday — as The Post learned the former president plans to attend the trial in Manhattan later this week.
Trump, 77, is asking for permission to rush his case up to the New York Court of Appeals after a lower appeals court last week reinstated the limited gag order barring him and his attorneys from publicly speaking about the judge’s staff.
The request, filed Monday morning, came during the 10th week of trial in New York Attorney General Letitia James’ $250 million lawsuit that threatens the real estate tycoon’s business empire.
Trump’s defense attorneys expect to wrap up presenting their side by next week — and the 45th president plans on coming to the lower Manhattan courthouse Thursday to observe the proceedings, a source familiar with the case said.
His son, Eric Trump, is slated to testify for the second time at trial on Wednesday.
Manhattan Supreme Court Justice Arthur Engoron — who is deciding the non-jury case — muzzled Trump at the second day of trial in October after the ex-president took aim at the judge’s chief law clerk, Allison Greenfield, on social media.
Engoron then slapped the frontrunner GOP 2024 presidential candidate with $15,000 total in fines, finding he had violated the order two times.
Trump appealed, claiming the gag order violated his right to free speech, and successfully argued to have the ban temporarily lifted by a mid-level appeals court judge, David Friedman, last month.
But a four-judge panel overturned Friedman’s ruling two weeks later, on Nov. 30, and reinstated the gag order — prompting Trump to request petitioning an even higher court to get it scrapped.
In the court papers Monday, Trump’s attorneys argued that the order restricts their and their client’s speech, and negates their First Amendment right “to highlight serious concerns raised by the public and partisan activities” of Engoron’s principal law clerk during the ongoing bench trial.
If the issue isn’t “expedited,” Trump’s side “will continue to suffer irreparable injury daily, as they are silenced on matters implicated the appearance of bias and impropriety on the bench during a trial of immense stakes,” the attorneys wrote.
Later Monday, a judge with the mid-level appeals court, the Appellate Division, First Department, denied Trump’s bid to expedite his appeal of the gag order, noting that a full panel of judges would need to rule on the matter.
Trump can still attempt to get his appeal heard in the high court but it won’t be as fast as he was hoping and it means the gag will most likely remain in place if he comes to court Thursday and during his testimony slated for Monday.
The AG’s Office didn’t return a request for comment.