NEW YORK (AP) — New York’s top court refused to review Donald Trump’s appeal of the gag order on Tuesday. This decision upholds the restrictions following his recent felony conviction. The Court of Appeals determined that the order does not present significant constitutional issues that would justify immediate intervention.
For Trump, this ruling is another legal setback as he has been critical of the gag order. It prevents him from making comments about witnesses, jurors, and others involved in the hush money case. However, the restriction may be lifted soon as the trial judge, Juan M. Merchan, is expected to make a decision on a defense request to remove the gag order.
Trump’s legal team filed an appeal with the state’s high court on May 15 during his criminal trial. They argued that the gag order limited Trump’s ability to express his political views during a critical time in his Presidential campaign. Nonetheless, the Court of Appeals disagreed and stated that there is no substantial constitutional issue involved in the case.
After the mid-level appeals court rejected their appeal last month, Trump’s lawyers have 30 days to file a motion for leave to appeal.
Merchan imposed the gag order on March 26, just before the trial began, due to concerns raised by prosecutors about Trump’s tendency to attack individuals involved in his legal cases. During the trial, Merchan held Trump in contempt of court and fined him for violating the order. The judge warned of imprisonment if Trump breached the order again.
The gag order remains in effect weeks after the trial concluded with Trump’s conviction on multiple counts. He is set to be sentenced on July 11 for falsifying business records related to a hush money payment to Stormy Daniels before the 2016 election.
The Manhattan district attorney’s office opposed the appeal, suggesting that post-trial court filings could address the issue of lifting the gag order.
Trump’s lawyers argue that he should be allowed to address the case fully, especially considering ongoing criticism from his former lawyer Michael Cohen and Stormy Daniels, who were key witnesses in the trial.
Following the verdict, Trump’s legal team requested the gag order to be lifted, with a response from prosecutors expected by Thursday. Merchan is likely to rule on this before Trump’s debate with President Joe Biden on June 27.
Attorney Todd Blanche, representing Trump, called the situation “the theater of the absurd,” noting that Cohen is no longer a witness in the trial.
Messages seeking comment were left for Blanche and the Manhattan DA’s office on Tuesday.
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