Two judges — in Donald Trump’s federal election-obstruction case in D.C. and in the New York civil fraud case against him and his business — have issued narrow gag orders limiting what the former president can publicly say about the cases. Trump has appealed both rulings, arguing that the orders infringe on his First Amendment rights while he is once again running for president.
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What to know about Donald Trump’s gag orders in D.C. and New York
As the gag orders ping their way through the appeals courts, they have been paused and put back into effect multiple times, making it hard to track their status.
Here is a rundown of what speech the gag orders limit, why they were enacted — and whether they are currently in effect.
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D.C. federal election-obstruction case
Gag imposed: Judge Tanya S. Chutkan issued the limited gag order from her courtroom on Oct. 16.
Reason for gag: Chutkan said Trump’s public attacks on people who are “involved in the judicial process” made a gag order necessary. She wrote in her order: “To safeguard the integrity of these proceedings, it is necessary to impose certain restrictions on public statements by interested parties.”
How it limits Trump’s speech: The order prohibits the former president from disparaging prosecutors, witnesses and court personnel involved in his trial, which is scheduled for March 4 and includes four charges related to trying to block Joe Biden’s 2020 president election victory.
Appeals process: The federal appeals court in D.C. heard arguments about the gag order on Nov. 20 and could rule at any time on whether to uphold, narrow or overturn it. In the meantime, the appeals court paused the order.
Once the appeals court rules, the decision can be appealed to the Supreme Court.
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New York civil fraud case
Gag imposed: The New York gag order was issued on Oct. 3 by New York Supreme Court Justice Arthur Engoron. He is overseeing the trial, in which Trump and his business are accused of falsely inflating their property values. Engoron also imposed limited speech prohibitions on Trump’s attorneys later in the month.
Reason for gag: Trump’s fixation with Engoron’s law clerk and his claims that she was biased and overly influential in the case led Trump to post identifying information about her on social media. Millions of Trump followers were able to see the item, and the clerk began receiving a flood of threats. Engoron said he feared for her safety.
How it limits Trump’s speech: Trump cannot discuss any member of the judge’s staff, including the law clerk. He is free to make comments about the judge and about New York Attorney General Letitia James (D), who brought the lawsuit, and he continues to do so.
Appeals process: An appellate panel reinstated the gag order on Nov. 30, two weeks after a single appeals judge issued a pause on the order. The general legality of the orders will be debated by the appeals court at a later date. But with the lengthy trial winding down, Trump is again barred — for now — from commenting on court employees in public.