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America June 18, 2024 3 mins read

NY High Court Denies Trump’s Gag Order Appeal

America ı By Rihem Akkouche

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NY High Court Denies Trumps Gag Order Appeal

New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.

Dispensing with Trump's challenge in a few words, the Court of Appeals rejected the former president's argument that his free speech rights were violated, ruling that "no substantial constitutional question is directly involved." The decision dismissed Trump's attempt at a so-called automatic appeal, a court official said, but he could seek permission from the court to challenge the gag order through a longer process.

NY High Court Denies Trump's Gag Order Appeal : Gag Order Controversy

Justice Juan M. Merchan put the restrictions on out-of-court statements in place after finding Trump's verbal attacks on jurors, witnesses, prosecutors, and others threatened the integrity of the criminal proceedings. The judge found that Trump repeatedly violated his gag order, ultimately holding him in criminal contempt ten times and fining him $10,000. Justice Merchan threatened Trump with jail time for any further infractions.

Trump's behavior, the judge said at the time, was "a direct attack on the rule of law."

Background and Charges

Trump was found guilty of falsifying business records tied to hush money payments before the 2016 election in what the Manhattan district attorney called a conspiracy to win the White House. He is due to be sentenced July 11 and is appealing the conviction.

In February, prosecutors first sought a limited gag order barring Trump from lashing out at trial participants, referencing his history of intimidating and harassing witnesses, jurors, attorneys, and court staff. The judge agreed, later expanding the gag order to bar attacks on family members after his daughter became a target of Trump's ire.

NY High Court Denies Trump's Gag Order Appeal : Trump's Response

Trump has steadfastly contended that the order is unconstitutional and violates his right to comment on a case that he views as politically motivated and unfair.

"The gag order wrongfully silences the leading candidate for president of the United States, President Trump, at the height of his campaign. The gag order applies only to President Trump and not to any of his political opponents, critics, or even Crooked Joe Biden. The election-interfering gag order violates the First Amendment rights of President Trump and all American voters, who have a fundamental right to hear his message," said Steven Cheung, Trump's campaign spokesperson.

Previous Appeals and Ongoing Restrictions

During the trial, a midlevel appeals court rejected Trump's appeal of the gag order on its merits.

"Justice Merchan properly determined that petitioner's public statements posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case," the First Judicial Department panel ruled May 14.

Trump filed a notice of appeal to the high court the following day.

Trump's appeal of an earlier gag order in his separate civil fraud case— forbidding discussion of the judge's clerk—met a similar fate at the Court of Appeals.

Future Implications

Since the criminal trial ended, Trump has argued that the bases for the gag order are now moot, but prosecutors have asked the judge not to lift the restrictions before the sentencing hearing to "protect the integrity" of the case. Justice Merchan has yet to clarify in a ruling if the order is still in effect.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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