New York’s Top Court Declines to Hear Trump’s Appeal of Gag Order in Hush Money Case

New York’s top court on Tuesday declined the hearing of Donald Trump’s gag order appeal in his hush-money case, keeping the restrictions in place following his felony conviction last month. 

The Court of Appeals determined that the order does not present “substantial” constitutional issues warranting immediate intervention.

This decision marks another legal setback for the former president, who has consistently criticised the gag order. The order prevents Trump from commenting on witnesses, jurors, and others involved in the case. 

However, the situation might change soon as the trial judge, Juan M. Merchan, is expected to rule on a defence request to lift the gag order.

Trump’s attorneys filed a notice of appeal with the state’s high court on May 15 during his landmark criminal trial. They argued that the gag order restricted Trump’s “core political speech on matters of central importance at the height of his Presidential campaign.”

 The Court of Appeals disagreed, noting that “no substantial constitutional question is directly involved.”

Trump’s lawyers were seeking an expedited appeal, which the state’s mid-level appeals court had already rejected last month. They now have 30 days to file a motion for leave to appeal, according to court spokesperson Gary Spencer.

Judge Merchan imposed the gag order on March 26, before the trial began, after prosecutors expressed concerns about Trump’s habit of attacking those involved in his cases.

During the trial, Merchan held Trump in contempt of court and fined him $10,000 for violating the gag order, warning of jail time if he repeated the offence.

The gag order remains in effect weeks after the trial concluded with Trump’s conviction on 34 counts of falsifying business records. These charges stemmed from an alleged attempt to cover up a hush money payment to porn actor Stormy Daniels just before the 2016 election. 

Daniels claims to have had a sexual encounter with Trump a decade earlier, which he denies. Trump is scheduled for sentencing on July 11.

The Manhattan district attorney’s office urged the Court of Appeals to reject Trump’s appeal, suggesting that post-trial court filings could address the issue of the gag order. 

Trump’s lawyers on the other hand, argue that he should be able to fully address the case, citing continued public criticism from his ex-lawyer Michael Cohen and Daniels, both key prosecution witnesses.

After the trial, Trump’s legal team asked Merchan to lift the gag order, following up with a formal motion last week. Prosecutors have until Thursday to respond, with Merchan expected to rule soon, possibly before Trump’s June 27 debate with President Joe Biden.

“It’s a little bit of the theatre of the absurd at this point, right? Michael Cohen is no longer a witness in this trial,” Trump’s attorney, Todd Blanche said earlier this month. “The trial is over.” Messages seeking comment were left Tuesday for Blanche and the Manhattan district attorney’s office.
Source: https://apnews.com/  
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