In a recent development in Donald Trump's civil fraud trial, the former president has urged a New York appeals court to continue to pause the gag order against him. Trump's lawyers argued that the threats directed towards the judge and his law clerk should not "justify" limiting Trump's constitutional right to defend himself.

The New York attorney general's office and the court had previously requested the re-implementation of the gag order due to "serious and credible" threats that have targeted Judge Arthur Engoron's chambers since the trial began in October.

In a filing on Monday, Trump's attorneys emphasized that neither the former president nor his legal team has ever made threats towards the judge or the principal law clerk. They asserted that they cannot be held responsible for the actions taken by unidentified individuals. Trump's legal representation also stressed that his First Amendment right to criticize and challenge perceived bias by the judge and his law clerk is "essential" for maintaining public trust in the trial proceedings.

Trump's attorneys stated, "The disturbing behavior demonstrated by anonymous third-party actors towards the judge and Principal Law Clerk, who preside over an extremely polarizing and high-profile trial, warrants appropriate security measures. However, it does not warrant a complete infringement on the petitioners' First Amendment rights in a case that holds immense significance for them but has been compromised by partisan bias on the bench."

This filing comes in response to the recent release of hundreds of harassing messages directed at Judge Engoron and his law clerk. According to court papers, the law clerk has been receiving 20-30 calls on her personal cell phone, along with 30-50 daily messages on social media platforms and two personal email addresses.

Earlier this month, a New York appeals court judge temporarily lifted the previously imposed gag order on Trump and his attorneys, allowing them to make public statements about the judge's staff, specifically the principal law clerk. Trump and his legal team have claimed that the law clerk holds bias against him based on her political donations to organizations supporting the New York attorney general, who filed the lawsuit against Trump. They further alleged that she is effectively "co-judging" the case due to frequent consultations with the judge. The appeals court judge had lifted the gag order to allow a full panel of judges to review the constitutional issues at hand.

Lawyers representing Judge Engoron pleaded with the appeals court to reinstate the gag order, highlighting the increase in harassing messages since the order was lifted on November 16. They further revealed that approximately half of the harassing messages received by the law clerk were antisemitic in nature.

Donald Trump's attorneys emphasized that he cannot be held accountable for the content of others' comments. They stated, "None of the contemptible messages displayed can be attributed to President Trump or his counsel. President Trump and his counsel have never made any statements that reference the Principal Law Clerk's religion, appearance, or personal activities."

The appeals court will now consider the arguments presented by both sides and make a decision regarding the continuation of the gag order in Trump's civil fraud trial.