Trump's lawyers protest $10k gag order fine for a second time in court

Donald Trump's lawyer Chris Kise on Thursday protested the $10,000 fine the ex-president was handed after he verbally attacked a court clerk. Kise had said on Wednesday that he was against the fine being issued in the first place because he didn't want to have to spend time writing another appeal.

By Thursday, Kise brought it up again, claiming that Trump's First Amendment rights are being violated.

"These perceptions of the defendant are from what he was observing in open court," said Kise, according to Law360's Stewart Bishop, who posted the quote on the social media site previously known as Twitter. “He’s entitled to comment fairly on what he [perceived in open court."

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"The notion that he cannot comment on the fairness of the proceeding...is constitutionally infirm," Kise continued.

“I don't think it’s infringing on anyone’s first amendment rights to protect my staff,” Justice Arthur Engoron replied. "The great irony here is, on the one hand, you’re saying that Mr. Trump was not referring to my law clerk, and then you make this whole big deal about [the clerk’s actions]."

Kise's colleague, Alina Habba, had complained Wednesday that the clerk and the judge had been rolling her eyes as lawyers were questioning witnesses.

Trump was speaking to the press on Wednesday when he talked about the "more partisan person" next to the judge. Kise argued that it was Michael Cohen he was talking about, but the judge noted that typically when Trump talks about Cohen, he refers to him as "Michael Cohen" and not ambiguously.

The judge ultimately ruled Trump was not credible.

He denied the motion Thursday to reconsider the fine, and Kise said Trump's team would appeal.