Donald Trump’s lawyers have been accused of submitting laughable legal filings, as they say why the former president does not need a gag order ahead of his federal election trial.
Former federal prosecutor Joyce Vance was reacting to Trump’s legal team saying that threats made to the judge and court staff overseeing the former president’s civil fraud trial in New York are irrelevant to arguments as to whether a gag order is needed in the case.
The trial is focused on Trump’s alleged criminal attempt to overturn the 2020 election results; he has not pleaded guilty to four charges. The former president has denied any wrongdoing and has called the case part of a politically motivated witch hunt to derail his 2024 presidential bid. Trump remains the frontrunner for the GOP nomination. Newsweek has emailed Trump’s legal team for comment on Saturday.
On Thanksgiving, the Department of Justice submitted court filings and notified the D.C. Circuit Court of Appeals of documents filed in New York. The DOJ said that a gag order against Trump in the civil trial needs to be reinstated because Judge Arthur Engoron and his law clerk Allison Greenfield have received a hundreds of threatening, harassing and antisemitic messages since Trump began attacking them on social media.
The former president and his lawyers have frequently said that any gag order against a presidential candidate is a violation of his First Amendment rights. A judge paused the gag order in New York, which Engoron imposed to stop Trump attacking court staff until at least November 27 to consider the constitutional arguments. The D.C. Circuit Court of Appeals is weighing up narrowing the gag order imposed on Trump by Judge Tanya Chutkan in the federal election case to stop him publicly attacking potential witnesses in the trial.
Federal prosecutors used the arguments made in the New York to argue why the order against the former president should remain in the federal case. In response, Trump’ legal team wrote to the appeals court to accuse the DOJ of an “impermissible attempt to supplement the record on appeal with irrelevant information” to try to keep the gag order.
“To date, the prosecution has never submitted any evidence of alleged ‘threats’ or ‘harassment’ to any prosecutor, court staffer, or potential witness in this case,” Trump’s lawyers said. “This falls short of the ‘solidity of evidence required to justify a prior restraint.'”
Writing on her blog, Vance criticized the argument from Trump’s lawyers while saying that the former president’s rhetoric has resulted in real-life threats and harassment. For example, former Georgia election workers Ruby Freeman and Shaye Moss were targeted by Trump supporters over false claims of election fraud in the 2020 election.
“Trump filed a response today, insinuating that he is not to blame for what other people do. But that is a tired and laughable effort to shirk blame at this point,” Vance wrote. “Even if Trump might have argued, years ago, that he was unaware of the effect his words had on his followers, that time is long past.
“We cannot say it loudly enough or frequently enough: Trump continues to be a danger to us,” Vance added. “Anyone who doesn’t understand that they or someone they love, their children or grandchildren, could be the next one subjected to the treatment Judge Engoron’s law clerk is receiving, or that Fulton County election workers Ruby Freeman and Shaye Moss were subjected to, isn’t paying attention. There are very real risks.”
Scott Eisen/Getty Images
The filing in New York contains an affidavit from Charles Hollon, who works in the Public Safety Department’s Judicial Threats Assessment Unit. The affidavit says there are 275 single-space pages’ worth of transcribed threatening messages and voicemails that have been left for Engoron and his court staff since early October.
The affidavit added that, since the New York gag order was lifted on November 16, which allowed Trump to resume attacking Greenfield, the law clerk has been receiving around 20 to 30 calls per day to her personal cell phone and 30 to 50 messages on social media and to her email.
“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,” Hollon wrote.
The affidavit also says that there were antisemitic and threatening transcribed messages sent to Engoron’s chamber phone. One says: “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.”
In the November 23 filings, Cecil Vandevender, an assistant special counsel for the DOJ, said the affidavit in New York was proof of the ongoing threats and harassment surrounding Trump, which had been requested by the appeals court.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Amanda Smith is a dedicated U.S. correspondent with a passion for uncovering the stories that shape the nation. With a background in political science, she provides in-depth analysis and insightful commentary on domestic affairs, ensuring readers are well-informed about the latest developments across the United States.
