New York's highest court refuses to hear Trump's gag-order appeal
The highest court in the state of New York has declined to hear an appeal from former President Donald Trump in connection with his recent "hush-money" trial.
Back in March, acting Judge Juan Merchan, who presided over Trump's Manhattan trial, issued a gag order, barring the former president from making public remarks about witnesses or family members of either the judge or the prosecutors. Trump was permitted to speak out against Merchan and District Attorney Alvin Bragg.
The gag order 'restricts President Trump’s core political speech on matters of central importance at the height of his Presidential campaign' and 'violates the fundamental right of every American voter to hear from the leading candidate for President.'
Merchan was prompted to issue the order after Trump noted that Merchan's daughter, Loren, is a political consultant who has worked for some of Trump's most virulent Democrat opponents, including Rep. Adam Schiff of California. Sen. Rick Scott (R-Fla.), who once attended the trial to show support for Trump, likewise characterized Loren Merchan as "a political operative" and "a big Democrat fundraiser."
Despite the judge's order, Trump continued to post about the trial on social media, even calling out "two sleazebags," perhaps referring to his former attorney Michael Cohen and porn star Stormy Daniels.
Prosecutors alleged Trump violated the gag order on 10 separate occasions. Merchan declined to throw Trump in jail for those alleged infractions but did fine him $1,000 per violation.
After Trump was convicted on all 34 counts, his attorneys asked Merchan to lift the gag order, but he has not done so. Trump's attorneys then took the case to the appellate division of the state supreme court, which ruled that Merchan's order was "properly determined."
Trump's team then appealed to the State of New York Court of Appeals, the highest court in the state, arguing that the gag order "restricts President Trump’s core political speech on matters of central importance at the height of his Presidential campaign" and "violates the fundamental right of every American voter to hear from the leading candidate for President."
Bragg's filing countered that Trump has a "well-documented history of leveling threatening, inflammatory, and denigrating remarks against trial participants" and that the gag order was necessary for the safety of trial participants.
On its decision list issued on Tuesday, the appeals court declined to hear Trump's appeal, stating that "no substantial constitutional question is directly involved."
For now, the gag order remains in effect, though CNN suggested Trump may have other appeal options available for the next 30 days. Trump's attorney Todd Blanche declined the outlet's request for comment.
Trump is scheduled to be sentenced July 11, just a few days before the Republican National Convention.
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