Trump fraud trial judge suggests gag order violation could result in imprisonment

By Kara Scannell and Sabrina Souza, CNN

(CNN) — The judge overseeing Donald Trump’s civil fraud trial admonished the former president’s attorneys for a “blatant violation” of a gag order and suggested that violations could result in “imprisonment.”

Judge Arthur Engoron said despite his clear order to take down a social media post attacking his clerk, “I learned that the subject post was never removed from the website.”

“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 an email,” Engoron said.

The post was removed from Truth Social right after the gag order was issued but not from Trump’s campaign website, DonaldJTrump.com.

The judge hinted at serious sanctions for the former president.

“I will now provide defendants an opportunity to explain why this blatant violation of this gag order should not result in serious sanctions including financial penalties… and or possibly imprisonment.”

Trump attorney Chris Kise apologized to Engoron, saying it was “inadvertent” that the post was able to live on what he called a “back page” of Trump’s campaign website.

“It appears no one also took down the ICYMI link that’s in the campaign website in the back pages,” Kise said.

“Truly this appears to be inadvertent,” Kise said, adding, “I certainly apologize on behalf of my clients.”

Kise blamed it on the large machinery of the campaign and was assured the judge that Trump ordered the post removed.

“There was no intention to evade, or circumvent, or ignore the order,” Kise added and explained nothing further has been posted on Trump’s Truth Social website.

Kise said he got confirmation Thursday night and Friday morning that the post had been taken down and said it appears to be an issue within the campaign.

“It’s part of the process that is built into the campaign structure as I understand it. That all of this, in Truth posts, are wrapped up and sent out.” Kise said.

Engoron said, “I will take this under advisement. I want to make clear that Donald Trump is still responsible for the large machine, even if it is a large machine.”

He added: “In the current overheated climate incendiary untruths can and in some cases already has lead to serious physical harm and worse.”

On the second day of the trial, October 3, Engoron issued a partial gag order on all parties not to speak about any members of the court staff after Trump posted on Truth Social attacking Engoron’s clerk. The post claimed she was a “girlfriend” to Senate Majority Leader Chuck Schumer, a New York Democrat, showing a picture of the two of them together.

The judge said at the time failure to abide by the order would result in serious sanctions.

Ivanka Trump attempts to quash subpoena

Ivanka Trump is moving to quash a subpoena for her testimony saying she is beyond the court’s jurisdiction since she is not a party to the case and has not been a New York resident for seven years, in a motion filed Thursday.

The former president’s daughter was initially a defendant in the lawsuit, but earlier this year a New York appeals court dismissed her from the case after finding her alleged conduct fell outside the statute of limitations.

“Requiring Ms. Trump, a non-party, nondomiciliary, to appear at trial in New York and provide live testimony without any limitations is unreasonable. The NYAG plans to seek testimony from Ms. Trump on a vast, temporally unlimited, and undefined set of topics that the NYAG has failed to articulate,” the motion reads.

“The NYAG’s Subpoenas give no guidance as to what specific information they are seeking or why that information is sought, demand testimony well beyond the end of discovery that the NYAG could have previously obtained, and attempt to impose a heavy, unnecessary, and improper burden on Ms. Trump to fill apparent gaps in the NYAG’s case,” the motion also stated.

This story has been updated with additional developments.

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