Written by Ashton Snyder on
 August 3, 2024

Appeals Court Upholds Gag Order in Trump's New York Case

A New York state appeals court has upheld a gag order imposed on Donald Trump in his hush money case.

The appeals court’s decision throws out Trump's request to end the order restricting him from commenting on specific prosecutors and other involved parties until his sentencing on Sept. 18, as Just the News reports.

The Appellate Division in Manhattan rejected Trump's challenge to the gag order on Thursday. The former president was found guilty in May of falsifying business records related to hush money payments made to an adult entertainer.

Trump’s Conviction and Gag Order

Justice Juan Merchan issued the gag order to prevent Trump from making public comments about the prosecutors, court staff, witnesses, and jurors involved in the case. While Merchan later lifted restrictions on witnesses and jurors after Trump’s conviction on May 30, the order still covers prosecutors and court staff.

Trump’s legal team argued that the gag order violated his First Amendment rights. Steven Cheung, a spokesperson for Trump’s campaign, criticized the order as “blatantly un-American.”

The five-judge panel defended Merchan’s decision, stating he acted within his jurisdiction to maintain the specific protections the order provides.

Polls And Recusal Request

A Reuters/Ipsos poll released earlier this week showed a tight race between Trump and Vice President Kamala Harris, with Harris leading by just one percentage point among registered voters. This close margin underscores the political significance of the gag order and Trump's ongoing legal battles.

Following the appeals court decision, Trump’s lawyers renewed their call for Justice Merchan to recuse himself from the case. They cited potential bias due to Merchan's daughter’s employment as a Democratic political consultant.

Merchan had previously declined similar recusal requests from Trump’s legal team.

Details Of Criminal Conviction

In May, Trump was convicted on 34 felony counts of falsifying business records. These charges stemmed from a $130,000 payment made by Michael Cohen, Trump’s former lawyer, to adult film actress Stormy Daniels.

The gag order aims to prevent what D.A. Alvin Bragg said was Trump's past conduct of making threatening statements from interfering with the judicial process. The Appellate Division noted allegations of ongoing threats to Bragg’s staff as a reason for maintaining the order.

When sentenced, Trump faces a maximum of four years in prison, though observers believe such an outcome is unlikely, given his first-offender steatus. Even so, the former president has vowed to appeal his conviction, prolonging the legal saga.

Despite attempts from Trump's legal team to argue First Amendment violations and demand recusal from Justice Merchan, the court has maintained its stance. With a tight race against Kamala Harris in recent polls, Trump remains a pivotal figure in American politics as he awaits sentencing on Sept. 18.

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About Ashton Snyder

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