Former President Donald Trump is fighting a gag order in his hush money criminal trial that has seen him fined $10,000 and threatened with jail for violating the ban on commenting about witnesses, jurors, and others connected to the case. Trump’s lawyers filed a notice of appeal to New York’s highest court after a mid-level appellate court refused his request to lift or modify the restrictions. The filing is listed on a court docket but the document itself is sealed and unavailable to the public.
A spokesperson for the Trump presidential campaign, Steven Cheung, stated that Trump is appealing the gag order imposed by Judge Juan Merchan in the Manhattan District Attorney case, calling it unconstitutional and un-American. The mid-level appeals court ruled that Merchan appropriately determined that Trump’s public statements posed a significant threat to the integrity of witness testimony in the case. The gag order prohibits Trump from making statements about witnesses, court staff, the judge’s family, and prosecutors other than Manhattan District Attorney Alvin Bragg.
Merchan issued the gag order on March 26 after concerns were raised about Trump’s attacks on individuals involved in his cases. The order was expanded on April 1 to include comments about Merchan’s family after Trump made false claims about the judge’s daughter, who is a Democratic political consultant. Trump has violated the gag order multiple times, leading to fines and a threat of jail time. The violations included attacks on Michael Cohen and claims about the jury being stacked with Democrats without evidence.
Trump’s lawyers argued that the gag order infringed on his free speech rights while campaigning and fighting criminal charges. In its ruling, the Appellate Division noted that Trump’s challenge was not about the right to a fair trial but rather the restrictions on his ability to engage in protected political speech and how it could impact his campaign. The appeals court determined that Judge Merchan properly weighed Trump’s free speech rights against the historical commitment to ensuring fair administration of justice in criminal cases.
The legal battle over the gag order has intensified as Trump faces fines and the threat of jail time for violating the restrictions. The appeal to New York’s highest court signals a continued effort to challenge the limitations placed on Trump’s ability to comment on the case and individuals involved. The outcome of this legal dispute could have implications for how high-profile criminal cases are handled in the future, especially with regards to free speech rights and fair trial considerations. As the case continues to unfold, observers are watching closely to see how the courts will ultimately rule on the matter.
