A New York court on Tuesday rejected former President Donald Trump’s attempt to lift a gag order limiting what he can say about those involved in his ongoing criminal trial, saying the order does not violate the rights of the Trump’s First Amendment.
Judge Juan Merchan, the judge overseeing Trump’s trial on 34 counts of falsifying business records, issued the original order in March, blocking Trump from discussing likely witnesses, jurors, lawyers and court officials involved in the case. Merchant later expanded to apply to your daughter.
Trump was not prevented from criticizing Merchan or Manhattan District Attorney Alvin Bragg. He pleaded not guilty to all charges.
On a five-page decision on Tuesday, the Appellate Division, First Department of the New York Supreme Court, concluded that Merchan “adequately determined that [Trump’s] public statements posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case.”
“We conclude that Judge Merchan adequately weighed the petitioner’s First Amendment rights against the court’s historic commitment to ensuring the fair administration of justice in criminal cases, and the right of persons related or tangentially related to the criminal process to be free from threats , intimidation, harassment and harm,” the ruling said.
Merchan has found Trump in contempt of court for violating the order 10 times. Last week, he warned Trump that he could be arrested for future violations.
The latest violation concerned comments made by Trump about the political composition of the jury. In a May 6 written order, Merchan said Trump’s comments “not only call into question the integrity and therefore the legitimacy of these proceedings, but again raise the specter of fear for the safety of the jurors and their loved ones.”
Trump’s lawyer Todd Blanche Merchan asked. modifying the court gag order last week to allow Trump to “respond publicly to what happened in court over the last day and a half,” referring to the testimony of Stormy Daniels, the adult film star who received $130,000 in 2016 in exchange for his silence about an alleged sexual encounter with Trump, which he denies.
Merchan rejected Blanche’s request, saying the order is in place “because of the nature of the attacks, the vitriol” from Trump.
“Your client track record speaks for itself,” Merchan said.