New York Court Dismisses Trump's Challenge to Gag Order in Criminal Case

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ICARO Media Group
Politics
18/06/2024 20h03

In a recent ruling, New York's highest court has refused to consider former President Donald Trump's appeal against a gag order in his ongoing criminal case. The Court of Appeals stated that there is no substantial constitutional question directly involved in the case, leading to the dismissal of the appeal.

The gag order, issued by Justice Juan Merchan on March 26, prohibited Trump from publicly discussing witnesses, jurors, court and prosecutor staff, as well as the relatives of any counsel or court staff involved in the case. Notably, the order was later expanded to include members of Trump's own family. Merchan cited Trump's previous statements about individuals involved in the case as "threatening, inflammatory, [and] denigrating."

However, despite the gag order, Trump violated it on ten occasions both before and during the trial. The trial itself involved charges of falsifying business records related to a scheme to conceal reimbursements for a "hush money" payment to adult film star Stormy Daniels, made just days prior to the 2016 presidential election.

Though Trump has been found guilty and faces sentencing on July 11, he has expressed his intention to appeal the conviction. This ongoing legal battle could potentially reach the Court of Appeals, as Trump's legal team continues to challenge the constitutionality of the gag order.

Trump has been openly critical of the order, arguing that it violates his right to free speech, particularly concerning key witnesses in the case, including his former lawyer Michael Cohen and Stormy Daniels. A spokesperson for his campaign reiterated this complaint, stressing that the gag order infringes on the First Amendment rights of Trump and American voters who have a fundamental right to hear his message.

During arguments before a lower level appellate court on April 9, Trump's attorney, Emil Bove, claimed that his client was unable to respond to public comments made by Cohen and Daniels. On the other hand, Steven Wu, an attorney representing Manhattan District Attorney Alvin Bragg, countered that Trump's defense sought to allow him to make "inflammatory remarks" about the individuals involved in the case.

The appellate division, first department of the New York Supreme Court, previously rejected the appeal in May, upholding Justice Merchan's determination that Trump's statements posed a significant threat to the integrity of witness testimony. Days after this ruling, Trump appealed to the Court of Appeals.

As the legal proceedings unfold, Trump's request to lift the gag order after the conclusion of the trial remains pending. Justice Merchan has yet to announce a decision on the matter.

In the wake of this latest development, the attention remains focused on the outcome of this high-profile case and the potential impact it may have on future legal battles involving former President Donald Trump.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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