A New York appeals court has rejected former President Donald Trump's latest attempt to lift a gag order imposed on him in the wake of his criminal conviction related to hush money payments. The decision, filed on Thursday, means that the restrictions on Trump's public statements about prosecutors, court staff, and their families will remain in place through his sentencing.
The panel of judges from the Appellate Division First Department upheld the ruling by Judge Juan Merchan, who had originally imposed the gag order. Merchan had partially lifted the gag order after Trump was convicted of 34 counts of falsifying business records, allowing Trump to discuss trial witnesses and the jury. However, the restrictions on what Trump can say about court and prosecution staff and their family members remain.
"Contrary to petitioner's contentions, the People's evidentiary submissions in opposition to his motion in Supreme Court demonstrate that threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat," the appeals court ruled.
Trump's sentencing, initially scheduled for July, has been postponed to mid-September. This delay allows Judge Merchan to consider a motion from Trump's legal team seeking to dismiss the conviction based on a recent U.S. Supreme Court decision regarding presidential immunity.
In a statement, Trump campaign spokesperson Steven Cheung criticized Merchan's order, calling it "blatantly un-American" and arguing that it infringes on Trump's First Amendment rights. "President Trump continues to forcefully challenge Acting Justice Merchan's decision to leave in place portions of the unconstitutional Gag Order, which is meant to prevent President Trump from speaking freely about Judge Merchan's disqualifying conflicts," Cheung said.
The appellate court's decision noted that Judge Merchan had properly balanced Trump's First Amendment rights with the need to ensure the fair administration of justice and to protect individuals associated with the case from threats and harassment. The judges highlighted evidence submitted by the District Attorney's office showing that threats against staff had continued after the jury verdict, justifying the ongoing need for the gag order.
Judge Merchan had expanded the restrictions in the gag order to include family members of court staff and prosecutors after Trump repeatedly criticized the judge's daughter and the District Attorney's wife. The appeals court agreed with Merchan's assessment that these protections were necessary to prevent threats and intimidation.
The ruling makes it likely that the gag order will remain in effect until Trump's sentencing, which is tentatively scheduled for September 18. Judge Merchan is expected to rule on the presidential immunity issue by September 6, which could potentially lead to the lifting of the gag order if the ruling is in Trump's favor.
Trump had pleaded not guilty to the charges in the hush money case, which stem from payments made to adult film actress Stormy Daniels during the closing days of the 2016 presidential campaign. The case has been one of several legal challenges facing the former president since he left office.
