Former President Donald Trump is appealing a gag order that has resulted in multiple fines and threats of jail time for violating restrictions on commenting about witnesses, jurors, and others connected to his hush money criminal trial. His lawyers have filed a notice of appeal with New York’s highest court after a mid-level appellate court refused to lift or modify the order. The former president’s campaign spokesperson called the gag order “unconstitutional and un-American” and criticized the judge’s actions as authoritarian tactics.
A five-judge panel of the mid-level appeals court upheld the judge’s decision to impose the gag order, stating that Trump’s public statements posed a threat to the integrity of witness testimony in the case. The court found that the judge properly weighed Trump’s First Amendment rights against the necessity of ensuring a fair administration of justice and protecting individuals related to the proceedings from threats, intimidation, harassment, and harm. The judge has held Trump in contempt of court for violating the order multiple times, with fines imposed for each violation.
Trump’s most recent violation of the gag order involved comments he made about the political makeup of the jury, which the judge deemed as questioning the legitimacy of the proceedings and potentially endangering jurors and their loved ones. 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. Trump has argued that the gag order infringes on his right to free speech, particularly during his presidential campaign and legal battles.
Despite his appeal to lift or modify the gag order, Trump has faced consequences for violating the restrictions, including fines and warnings of potential jail time. The restrictions prevent Trump from commenting on individuals involved in his case, including his former fixer Michael Cohen, whose testimony is crucial to the trial. The judge issued the gag order in response to concerns raised by prosecutors about Trump’s tendency to attack those connected to his cases, expanding it to include comments about his own family after Trump made disparaging remarks on social media.
In his efforts to challenge the gag order and continue his public statements, Trump’s legal team has argued that the restrictions impede his ability to engage in protected political speech and could impact his campaign. The appeals court acknowledged Trump’s concerns but upheld the judge’s decision, emphasizing the importance of balancing free speech rights with the fair administration of justice in criminal cases. As Trump continues to fight the gag order, the legal battle highlights the complexities of protecting individuals’ rights while ensuring a fair trial process.
