A New York appeals court on Thursday denied former president Donald Trump’s attempt to lift the partial gag order that prevents him from speaking publicly about prosecutors, court staff, and their families following his historic, 34-count conviction in the Stormy Daniels hush-money case.
A five-judge panel of the New York supreme court’s Appellate Division ruled in a three-page decision that the gag order should remain in place until Trump’s sentencing date, tentatively scheduled for September 18, because the case remains pending. The court sided with Judge Juan Merchan, who oversaw the criminal trial, and his decision to keep parts of the gag order in effect until Trump is sentenced.
Merchan partially lifted the restraining order in late June, permitting Trump to openly criticize witnesses and jurors from the case that resulted in his conviction for falsifying business records related to a hush-money payment made to Daniels during his 2016 presidential campaign. Trump pleaded not guilty to the charges.
Merchan’s decision came days before Trump’s debate with President Joe Biden, who has since dropped out of the presidential race to let Vice President Kamala Harris take his place on top of the Democratic ticket.
Trump’s lawyers have argued the gag order was unnecessary and should be dismissed since the trial concluded in late May, but the appeals court disagreed.
“Accordingly, since the underlying criminal action remains pending, Justice Merchan did not act in excess of jurisdiction by maintaining the narrowly tailored protections,” the latest ruling reads.
“Contrary to petitioner’s contentions,” it adds, “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.”
Before Merchan lifted parts of the gag order, Trump’s attorneys argued it should be fully lifted because their client’s First Amendment rights were limited and his ability to campaign was restricted during the court proceedings.
Trump campaign spokesman Steven Cheung contended that the gag order is “blatantly un-American,” as it continues to silence the Republican nominee about key figures who targeted him in the case.
“President Trump continues to forcefully challenge Acting Justice Merchan’s decision to leave in place portions of the unconstitutional Gag Order,” Cheung said, “which is meant to prevent President Trump from speaking freely about Judge Merchan’s disqualifying conflicts.”
Trump’s sentencing was originally scheduled for July 11, days before the Republican National Convention. But Merchan postponed the date to September to hear arguments from Trump’s lawyers regarding the Supreme Court’s recent opinion on presidential immunity pertaining to a federal criminal case that could result in a new trial or a potential dismissal of the charges.
Merchan is slated to issue his ruling on the issue of presidential immunity by September 6. The gag order could be lifted by then if the judge rules in Trump’s favor or, otherwise, by the former president’s sentencing date twelve days later.