New York’s top court dismisses Trump’s appeal of gag order in hush money case


NEW YORK — New York’s highest court on Tuesday dismissed Donald Trump’s appeal of the gag order imposed in his Manhattan criminal trial, dealing a setback to the former president’s efforts to strip the restrictions in the wake of his conviction.

In a decision list, the Court of Appeals wrote that Trump’s appeal was dismissed because “no substantial constitutional question is directly involved.”

The gag order, imposed by the judge who oversaw Trump’s criminal trial, Justice Juan Merchan, barred Trump from publicly attacking witnesses, court staff and prosecutors other than Manhattan District Attorney Alvin Bragg. During the trial, Merchan held Trump in criminal contempt twice for violating the gag order and fined him a total of $10,000.

In late May, a jury found Trump guilty of 34 counts of falsifying business records to cover up a hush money payment to a porn star. He is set to be sentenced on July 11.

Trump has vowed to appeal the verdict.

Trump’s appeal of the gag order is just one of his many efforts to get the restrictions lifted. Earlier this month, Trump’s lawyers wrote to Merchan, asking him to end the gag order and saying that “because the trial has concluded, the stated bases for the gag order no longer exist.”

They also suggested he merited special consideration because of his presidential campaign.

“Now that the trial is concluded, the concerns articulated by the government and the Court do not justify continued restrictions on the First Amendment rights of President Trump — who remains the leading candidate in the 2024 presidential election — and the American people,” Trump lawyers Todd Blanche and Emil Bove wrote.

Bragg’s office, however, opposed lifting the gag order, writing that “the Court has an obligation to protect the integrity of these proceedings and the fair administration of justice at least through the sentencing hearing and the resolution of any post-trial motions.”

Prosecutors added that they would submit further filings with Merchan to address “whether, if at all, it would be appropriate to tailor aspects of the Court’s Orders given the conclusion of the trial.”

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