On Thursday, a New York appeals court rejected the former president Donald Trumppartially rejected the proposal jam commandagainst him in a criminal case.
Trump argued that the gag order was unnecessary and should have been removed from office conviction in May about 34 falsified business records related to hush money payments to porn star Stormi Daniels in the final days of the 2016 campaign.
A five-judge panel of the state’s Appellate Division, an intermediate appeals court, disagreed. He supported the judge’s decision Juan Merchan the sentence must remain in effect until sentencing, or until the case is otherwise heard, at what judges call a “critical stage in the criminal process.”
Merchan lifted some restrictions on the gag order in June, freeing Trump to comment to witnesses testifying against him in the weeks-long trial, but stayed in place Part of the order prohibits Trump from going after judicial staff, private prosecutors and “family members of any attorney, employee, Court or District Attorney.”
Both the judge and Manhattan District Attorney Alvin Bragg, who tried the case, were never the subject of the order, but Merchan extended the restrictions to family members after Trump repeatedly criticized the judge’s daughter and the DA’s wife.
The appeals court’s decision noted that Merchan had dismissed Trump’s earlier appeal of the gag order after finding that it “properly weighed petitioner’s First Amendment rights against the court’s historic obligation to ensure a fair trial in criminal cases and the right of related or affected persons.” threats, intimidation, harassment and criminal prosecution for freedom from harm”.
The judges noted that the DA had presented evidence showing that “threats received by the district attorney’s staff after the jury’s verdict continued to pose a substantial and imminent threat,” and they rejected arguments by Trump’s lawyers that the judge violated his right to free speech.
“[S]While the main criminal case is still ongoing, Justice Merchan did not exceed his jurisdiction by providing a narrowly tailored defense.” decision he said.
Trump campaign spokesman Steven Cheung said Merchan’s order was “clearly un-American.”
“President Trump continues to forcefully challenge Attorney General Merchan’s decision to enforce portions of the unconstitutional Gag Order intended to prevent President Trump from speaking freely about Judge Merchan’s disqualifying conflicts,” he said.
The decision means the order will remain in effect until September. It’s Trump conventionally planned he was supposed to pronounce the verdict on September 18. Sentencing was originally set for July 11, but Merchan postponed that date to consider arguments from Trump’s lawyers. The decision of the Supreme Court Should result in a new trial or trial on presidential immunity in federal criminal cases against his agents direct dismissal from charges.
Mercha is expected to rule on the immunity issue by September 6, and if he rules in Trump’s favor, then the order could be overturned.
Trump begged not guilty Hush money case.