Liam Conner
New York’s highest court ruled Tuesday that it will not consider former President Donald Trump’s challenge to a gag order in the criminal case he was recently prosecuted for. convicted of 34 crimes.
The Court of Appeals wrote in a one-sentence ruling that the appeal was rejected “on the basis that no substantial constitutional question is directly involved.”
Todd Blanche, Trump’s lawyer, declined to comment on the ruling.
Judge Juan Merchan issued the gag order on March 26, prohibiting Trump from making public comments about witnesses, jurors, court and prosecutorial employees, and relatives of any attorney or court employee. He later updated the request to include members of his own family.
Merchan cited statements made by Trump about people involved in the case as “threatening, inflammatory, [and] denigrate.”
Trump violated the gag order 10 times before and during his trial, where he faced charges of falsifying business records. Trump was found guilty of signing off on a scheme to cover up refunds of a “hush money” payment to an adult film star made days before the 2016 presidential election in order to prevent voters from learning about his allegations.
Trump has promised to appeal the conviction and the case itself could end up in the Court of Appeals.
Trump was openly angered by the gag order, complaining that his free speech rights were violated by being prevented from speaking about key witnesses in the case, especially his former lawyer Michael Cohen and the adult film star Stormy Daniels.
Arguing before a lower-level appeals court on April 9, Trump lawyer Emil Bove alleged that Trump was unable to respond to public comments made by Cohen and Daniels.
“Mr. Cohen and Ms. Clifford are attacking President Trump in public in a completely different way than in any other case,” Bove said.
Steven Wu, attorney for Manhattan District Attorney Alvin Bragg, responded that Bove was trying to provide cover for Trump to hurl “insults” and make “inflammatory comments about the people involved in the case.”
“The slippery slope of this constitutional argument is that it can attack anyone,” Wu said, pointing to Trump’s social media attacks against family members of judges and prosecutors in several other cases.
This lower court – the appellate division, first department of the New York Supreme Court – dismissed the gag order appeal in May, finding that Merchan “correctly determined that [Trump’s] public statements posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case.” Trump sought intervention from the Court of Appeals days later.
Trump is scheduled to be condemned in the case of July 11th. Blanche Requested on June 4 that Merchan lifted the gag order, citing the conclusion of the trial. Merchan has not issued a public ruling on the matter.
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