A New York state appeals court has rejected former President Donald Trump’s request to lift a gag order imposed in his business records falsification case. The order will remain in effect until Trump’s sentencing.
On August 1, the Appellate Division, First Department, issued an opinion stating that it had reviewed former President Trump’s challenge to the gag order imposed in March by New York Supreme Court Justice Juan Merchan. The court decided to maintain the order until Trump’s sentencing in September.
In May, a jury convicted the former president on 34 felony counts of falsifying business records.
The court explained that the sentencing phase is a crucial part of the criminal process and that the gag order is necessary to protect individuals involved from potential threats, intimidation, or harassment. The judges stated that maintaining the gag order was within their authority due to ongoing threats following the jury’s guilty verdict.
“Contrary to petitioner’s contentions, the People’s evidentiary submissions in opposition to his motion in Supreme Court demonstrate that threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat,” the judges wrote in the order, rejecting Trump counsel’s argument that the trial’s conclusion was a significant change in the circumstances.
On June 25, Judge Merchan lifted some parts of the gag order but noted that the remaining restrictions would remain in place until sentencing. The judge allowed Trump to comment on witnesses and jurors but continued to bar any discussion about trial prosecutors, court staff, and their families until sentencing is completed.
The judge divided the original gag order into three categories: statements about witnesses, statements about jurors, and statements about court staff and counsel. The order was later extended to include family members of Manhattan District Attorney Alvin Bragg and Judge Merchan, but did not apply to the judge and district attorney themselves.
“Circumstances have now changed. The trial portion of these proceedings ended when the verdict was rendered, and the jury discharged,” Merchan wrote, terminating parts of the gag order.
In its August 1 order, the New York state appeals court ruled that Judge Merchan’s decision to maintain parts of the gag order was reasonable.
“Since the underlying criminal action remains pending, Justice Merchan did not act in excess of jurisdiction by maintaining the narrowly tailored protections in paragraph (b) of the Restraining order,” they wrote.
Requests for comment sent to Trump’s spokesperson and legal team were not immediately returned.
During the trial, Judge Merchan fined the former president $10,000 for what he deemed violations of the gag order. The judge also warned that further breaches could result in jail time.
Trump and his attorneys repeatedly asked Judge Merchan and other courts to lift the gag order, arguing that it infringed on his constitutional right to free speech.
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