Eight weeks after Donald Trump was found “guilty of a felony,” he still can’t say everything he wants about his hush-money case. On Thursday, a New York appeals court decided that his gag order should remain in place.
The five judges agreed that Judge Juan M. Merchan was right to keep parts of the gag order until Trump is sentenced. They said that since the case isn’t over and sentencing is still part of the process, there’s no reason to lift it.
Trump has always been allowed to discuss the judge and Manhattan District Attorney Alvin Bragg, a Democrat who led the prosecution. In June, Merchan removed the rule that prevented Trump from publicly discussing witnesses and jurors in the case.
However, the gag order still prevents Trump from discussing people on the prosecution team, court workers, or their families. This includes Merchan’s daughter, a Democratic political consultant Trump has criticized.
The state’s mid-level appeals court turned down Donald Trump’s recent request to remove the restrictions on him. The court rejected his last-minute claim that he’s being unfairly silenced. At the same time, Vice President Kamala Harris, who is slated to run against him, portrays herself as a former prosecutor going after a “convicted felon.”
If Trump breaks the gag order, he could face serious consequences. The court might impose penalties, such as fines or restrictions. In some cases, breaking a gag order could even lead to jail time and additional charges.
Trump’s lawyers have tried several times to get the gag order removed. Last month, the state’s top court, the Court of Appeals, decided not to review Trump’s challenge. The court said the case didn’t involve constitutional issues that needed immediate attention. The legal team’s most recent attempt went to the Appellate Division, a step from Judge Merchan’s trial court, and was again dismissed.
The ruling came a day after Trump’s lawyer, Todd Blanche, tried to file papers again asking the appeals court to remove the gag order. Since the court was about to decide the previous appeal, it turned down the additional request.
Blanche called the restrictions an “unconstitutional” way to stop Trump from speaking freely while campaigning for the White House. He argued that the issue had become more urgent since Harris joined the presidential race.
The defense also raised concerns that Judge Merchan might have a “big conflict of interest” because his daughter, Loren, worked for Harris’ 2020 presidential campaign. They said prosecutor Matthew Colangelo might be biased because he worked for the Justice Department under Democrat President Joe Biden.
Trump can’t address these issues himself because of the gag order.
In March, Merchan issued the gag order to prevent Trump from discussing witnesses, jurors, and others connected to the case. Prosecutors were worried that Trump might attack people involved in his case. The judge amended the order to prevent Trump from commenting about his family after the former president criticized his daughter’s political ties.
Trump was initially set to be sentenced on July 11. Judge Merchan pushed the sentencing to September while he investigated how a Supreme Court ruling affected the case. This ruling gives presidents broad protections and prevents them from being prosecuted for actions taken while they were in office.
It also prevents prosecutors from using official actions as evidence to prove that a president’s other actions broke the law. Trump’s lawyers claim the trial was unfair because evidence that shouldn’t have been used was included. Prosecutors argue that the Supreme Court’s ruling doesn’t apply to this case because it involves actions not covered by presidential immunity.
Trump can appeal again to have the gag order lifted. He can ask a higher court to review the decision and decide whether the gag order should be changed or removed. If the appeal is denied, he may have limited options left, but he can continue to challenge the gag order through legal channels if he believes it’s unfair or circumstances change.
Trump plans to appeal his hush-money conviction, but he can’t move forward until he is sentenced next month. The court’s refusal to lift his gag order means his appeal is most likely already doomed.
