Trump civil fraud case: Judge fines Trump $354M, says frauds 'shock the conscience'

New York Attorney General Letitia James and representatives for Judge Arthur Engoron have until Wednesday to file a response to the appellate judge's stay of the limited gag order imposed last month on Donald Trump by Engoron, according to the appellate judge's order.

Trump's reply is then due on Nov. 27 before the appellate court decides whether to fully lift the gag order. The civil fraud trial is expected to wrap up in mid-December.

Engoron's "gag orders entered during the non-jury trial in the underlying proceeding are unconstitutional, and sanctions imposed there under are in violation of the Judiciary Law and Rules of this court," Trump's attorneys said in arguing for the order to be lifted.

Oral arguments about the gag order were presented at a separate courthouse from the courtroom where Trump's civil trial is taking place. Engoron, who is hearing testimony from an expert witness, has not commented on the decision.

A New York appeals court has temporarily lifted the limited gag order imposed on Donald Trump by Judge Arthur Engoron.

Judge David Friedman of the appellate division's first department ruled from the bench after a brief oral argument.

The judge stayed the limited gag order, citing constitutional concerns over Trump's free speech rights.

"Considering the constitutional and statutory rights at issue, an interim stay is granted," Judge Friedman said in a handwritten order.

The gag order was imposed by the Engoron last month after Trump posted about the judge's law clerk on social media.

Attorneys for Donald Trump have filed an emergency application for a stay of the limited gag order issued by last month Judge Engoron, asking that an appeals court annul and vacate the gag order and fines imposed against him.

Trump has been fined on two occasions, for a total of $15,000, after making statements referencing the judge's clerk, and the judge recently extended the gag order to apply to lawyers in the case.

Trump's lawyers argue that the gag order is an unconstitutional violation of Trump's freedom of speech, which they say Engoron has used as a "unfettered license to inflict public punishments on a defendant for the defendant's out-of-court statements."

"As applied to President Trump, it also prevents a presidential candidate from commenting on the public conduct and possible ethical violations of a critical member of Justice Engoron's chambers," Trump's lawyers wrote.

Engoron has said the gag order is meant to protect his staff from violence, noting that his chambers has received hundreds of threatening phone calls, messages, and packages over the course of the trial. While Trump's lawyers described Engoron's desire to protect his staff as "understandable," they argue the gag order is too broad a "curtailment of plainly protected speech in a trial playing out on a national and international stage."

An attorney for the New York attorney general responded to the filing by describing the gag order as the least restrictive means available to protect Engoron's staff.

"The First Amendment does not prohibit courts from restricting speech that threatens the safety of the court's staff or frustrates the orderly progression of a trial," the attorney general responded in a letter to the appeals court.

In a moment of levity during a break between witnesses, Judge Arthur Engoron noted that Trump attorney Chris Kise has not yet led the questioning of any witnesses.

"How come you don't get the pleasure of questioning people?" Engoron asked.

"There's still time left," Kise responded, saying that he prefers to coach his team from the sideline like famed New England Patriots coach Bill Belichick or Jimbo Fisher.

Fisher received a record buyout after being fired as coach of Texas A&M this week.

"I'd like to be fired from my job and collecting $77 million," Kise quipped.

"I'll see if I can arrange that," Engoron joked.