NY Court Reaffirms Gag Order on Trump Until Sentencing

Former President Donald Trump’s ability to publicly discuss his Manhattan criminal case has been significantly curtailed after New York’s highest court reaffirmed a gag order against him. On Thursday, the New York Court of Appeals dismissed Trump’s appeal to overturn the gag order, leaving it in place until his sentencing in November.

The Court of Appeals, New York’s highest judicial authority, rejected Trump’s request to review the gag order, citing that the appeal did not present a substantial constitutional issue. This ruling means that Trump remains barred from publicly commenting on court staff, prosecutors, or their families. However, Judge Juan Merchan had previously narrowed the gag order to permit Trump to discuss witnesses in the case. Trump is also allowed to speak about the judge but is prohibited from mentioning his daughter, who has been a target of criticism from Trump and his allies due to her work with Democratic politicians.

The court’s decision follows an earlier ruling from New York’s mid-level appeals court in August, which had upheld the gag order and indicated that it should remain in effect until Trump’s sentencing. Judge Merchan, who has been overseeing the case, has already fined Trump $1,000 for each of the ten violations of the gag order that he has committed. Merchan has warned that further breaches could result in incarceration for Trump.

In response to the latest ruling, Trump’s spokesperson Steven Cheung vowed that Trump would continue to challenge what he describes as “unconstitutional Witch Hunts and Gag Orders,” accusing Democrats of trying to silence him because they believe he is a formidable candidate in the upcoming election.

Trump’s sentencing is currently set for November 26, following a successful request to delay it from the originally scheduled date of September 18. Judge Merchan agreed to push back the sentencing to avoid any appearance of political bias or interference in the election. Trump’s legal team has argued that there is insufficient time between the sentencing date and a ruling expected on November 12 regarding whether the verdict should be overturned. Trump contends that the verdict should be dismissed based on a Supreme Court ruling that grants him some degree of immunity. He faces convictions on 34 felony counts of falsifying business records, each carrying a maximum penalty of four years in prison and/or a $5,000 fine. Although it is unlikely, there remains a possibility that Trump could receive a prison sentence as a first-time offender. If Trump were to win the election, it is uncertain how this might affect the sentencing, but it is conceivable that the court might delay any sentence until he leaves office.

Trump has been vocal in his opposition to the gag orders imposed in this and other cases. He views these restrictions as attempts to interfere with his presidential campaign and as biased attacks against him. On his Truth Social platform, Trump has decried the gag orders as a violation of his constitutional rights, particularly during his criminal trial involving adult film star Stormy Daniels, who testified against him. Trump has previously claimed that these gag orders prevent him from speaking freely and conveying the truth.

The gag order relates to Trump’s conviction in a case involving a hush money payment made by his former attorney, Michael Cohen, to Daniels in the lead-up to the 2016 election. The payment was intended to cover up Daniels’ allegations of an affair with Trump, which he denies. Trump subsequently reimbursed Cohen through a series of payments in 2017, which prosecutors contended were falsely labeled as legal expenses. Trump has pleaded not guilty to these charges and maintains his innocence.

Beyond this case, Trump has faced several gag orders in both criminal and civil cases. These orders have been imposed as Trump has frequently criticized prosecutors, judges, and other parties involved in the legal proceedings against him, which he has denounced as “witch hunts” aimed at damaging his presidential bid. In addition to the hush money case, Trump has received gag orders in relation to the civil fraud trial involving his company and his federal criminal case concerning attempts to overturn the 2020 election. The gag order in the latter case remains in effect.

Judge Merchan initially imposed the gag order in March and later expanded it to include family members following Trump’s attacks on the judge’s daughter. Trump’s violations of the gag order included social media posts criticizing Cohen and Daniels and suggesting bias among the jury. The continued enforcement of the gag order underscores the court’s determination to manage the proceedings impartially and without external influence.