Former U.S. President Donald Trump and his lawyer argue that the gag order violates the free speech rights granted by the First Amendment of the Constitution. They have repeatedly requested Judge Juan Merchan of the New York Supreme Court, presiding over the “fraudulent business records case” (the “hush money case”), to lift the gag order.
A New York state appellate court on Thursday (August 1) rejected Trump’s request to lift the gag order imposed in his “fraudulent business records case,” which remains in effect until the former president is sentenced.
The appellate court, composed of five judges, rendered a decision on Thursday, stating that they had reviewed Trump’s application to revoke the gag order imposed by Judge Merchan in March. The appellate court decided to continue enforcing the gag order until Trump’s sentencing in September.
The jury in May found Trump guilty of 34 felony counts of falsifying business records.
The appellate court believes that the sentencing phase is a crucial part of the criminal proceedings, necessitating the gag order to protect individuals involved from potential threats, intimidation, or harassment. The judges wrote in their ruling that given the lingering threats following the guilty verdict by the jury, they would maintain the gag order within their purview.
Contrary to Trump’s arguments, the judges wrote, “Evidence submitted by the prosecution at the highest court in New York opposing Trump’s motion reveals that regional prosecutors’ staff continue to face significant and imminent threats even after the jury’s guilty verdict.” The judges rejected Trump’s lawyer’s claim that a significant change in circumstances occurred after the trial concluded.
Merchan terminated part of the gag order on June 25, stating that the remaining portion would expire after the sentencing. The judge allowed Trump to comment on witnesses and jurors but prohibited him from commenting on prosecutors, court personnel, and their families before the court’s judgment.
The judges categorized the original gag order into three parts: statements about witnesses, statements about jurors, and statements about court personnel and lawyers. The third category later expanded to include Manhattan District Attorney Alvin Bragg and Merchan’s family but did not include the judges and the district attorney themselves.
Merchan stated, “The circumstances have now changed. With the jury rendering a verdict and being dismissed, the trial phase of the case has ended,” leading to the termination of part of the gag order.
The judges found Merchan’s decision to preserve part of the gag order to be reasonable, stating, “Since the related criminal case is still ongoing, Judge Merchan’s maintenance of the narrow protective measures in the gag order has not exceeded judicial jurisdiction.”
Trump’s spokesperson and legal team did not immediately respond to Epoch Times’ request for comments.
During the proceedings at the New York Supreme Court, Trump was fined $10,000 for violating the gag order. Merchan previously stated that if Trump continued to violate the gag order, he might be imprisoned.
Trump and his lawyer have repeatedly requested Merchan and other courts to lift all gag orders, arguing that they infringe upon his constitutional right to freedom of speech.