Former President Donald Trump is seeking intervention from New York’s highest court in his fight over a gag order that has resulted in fines and threats of jail time for violating restrictions on commenting about witnesses, jurors, and others involved in his hush money criminal trial. Trump’s lawyers filed a notice of appeal after a mid-level appellate court refused to lift or modify the restrictions. The former president’s spokesperson called the gag order unconstitutional and un-American, likening it to authoritarian tactics.
A five-judge panel of the mid-level appeals court upheld the gag order, stating that Trump’s public statements posed a significant threat to the integrity of witness testimony and the fair administration of justice. Judge Juan Merchan has held Trump in contempt of court for violating the order multiple times, with fines imposed for each violation. The latest violation concerned comments Trump made about the jury’s political makeup, raising concerns about the safety and legitimacy of the proceedings.
Trump has been prohibited from making statements about witnesses like Michael Cohen and court staff, as well as the judge’s family and prosecutors other than Manhattan District Attorney Alvin Bragg. The gag order has been a point of contention for Trump, who has argued that it infringes on his free speech rights and his ability to engage in political speech during his campaign and legal battles. The appeals court ruled that Judge Merchan properly balanced Trump’s free speech rights against the need for a fair administration of justice.
The gag order was initially issued in response to concerns raised by prosecutors about Trump’s tendency to attack individuals involved in his cases. It was expanded to include restrictions on comments about the judge’s family after Trump made false claims and attacked the judge’s daughter on social media. Trump’s lawyers challenged the restrictions on commenting about specific individuals involved in the prosecution team, arguing that it limited his ability to engage in protected political speech.
Despite Trump’s arguments, the appeals court upheld the gag order, emphasizing the importance of ensuring fair administration of justice and protecting individuals involved in criminal proceedings from threats, intimidation, harassment, and harm. The court found that Judge Merchan properly weighed Trump’s free speech rights against these considerations, leading to the decision to uphold the restrictions. Trump’s appeal to the state’s Court of Appeals seeks to overturn the gag order and allow him to freely comment on individuals involved in his trial.
