NY’s Highest Court Denies Trump’s Appeal on Gag Order
The highest court in New York has recently declined an expedited review of former President Donald Trump’s appeal against a gag order that followed his felony conviction. This decision means Trump could face restrictions on his public commentary regarding specific individuals involved in the case, though he can still remark on others, including the judge himself and the Manhattan District Attorney. While the gag order is in place to prevent Trump from potentially influencing opinions about the jurors, witnesses, and the judge’s family, he argues that it infringes upon his First Amendment rights. After lower courts denied Trump’s initial requests to lift the gag order, the New York Court of Appeals also dismissed the appeal, leaving Trump a 30-day period to file for a possible review. Presiding Judge Juan Merchan will soon make a decision on whether to continue enforcing the order. Meanwhile, Trump’s conviction remains related to charges for falsifying business records in an alleged scheme involving payments to Stormy Daniels during the 2016 election campaign, with sentencing planned for July.
The highest court in New York declined to quickly consider former President Donald Trump‘s appeal of a gag order after his felony conviction last month and before a debate next week.
A list of decisions released on Tuesday said the New York Court of Appeals dismissed the appeal “upon the ground that no substantial constitutional question is directly raised.”
However, court spokesman Gary Spencer said Trump has a 30-day window to file a motion for leave to appeal, which could lead to the high court eventually taking up the matter, according to CNN.
Presiding Judge Juan Merchan barred Trump from commenting publicly on jurors, witnesses, and the judge’s family, but not the judge himself or Manhattan District Attorney Alvin Bragg.
Trump faced thousands of dollars in fines and a threat of jail time for speaking out in violation of the gag order that he claimed had infringed upon his First Amendment rights.
A lower appeals court already shot down a defense request to lift the order. The AP says Merchan himself may soon rule on whether to keep it after a Thursday deadline for prosecutors to respond.
Trump was convicted of falsifying business records to allegedly cover up a tryst with adult film star Stormy Daniels for a “catch-and-kill” scheme to influence the 2016 presidential election.
Merchan scheduled sentencing for July 11, days before the Republican National Convention in Milwaukee. Trump, who denied the affair and pleaded not guilty to the charges, vowed to appeal.
Legal experts doubt the 78-year-old Trump will end up behind bars, though the Secret Service has reportedly coordinated with local jail officials just in case. He could get probation.
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It remains to be seen whether Trump will continue to be limited in what he can say about the New York case leading up to his appearance at his first 2024 debate against President Joe Biden next week.
Another judge implemented a gag order against Trump in special counsel Jack Smith’s 2020 election case, and federal prosecutors have also sought one in a Florida classified documents case.
Trump is trying to fend off a fourth criminal matter in Georgia related to the 2020 election. Whether the Georgia or federal cases will reach the trial stage before the 2024 contest is unclear.
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