Trump's Gag Order Appeal Rejected By New York's Highest Court

 September 13, 2024

Former President Donald Trump faced a setback in his efforts to lift a limited gag order in his criminal hush money case.

New York's highest court declined to hear Trump's request, effectively exhausting his legal options to remove the restrictions on his public statements about the case. 

ABC News reported that the Court of Appeals dismissed the appeal, stating no substantial constitutional question was directly involved. In a separate ruling, the U.S. Second Circuit Court of Appeals denied Trump's request to further delay the case. This decision came after a federal judge had previously rejected Trump's attempt to move the case from state to federal court.

The Second Circuit cited the state court's adjournment of sentencing until November 26, 2024, as the reason for denying an emergency administrative stay.

Trump's Limited Gag Order Remains In Place

The limited gag order, imposed by Judge Juan Merchan in April, restricts Trump from making public statements about jurors, court staff, and relatives of those involved in the case. This order was put in place after Trump repeatedly targeted Judge Merchan's daughter on social media, raising concerns about the integrity of the judicial process.

Trump's legal team had been seeking to lift these restrictions, arguing for the former president's freedom to publicly criticize anyone associated with the case. However, with the dismissal of his appeal by New York's highest court, the gag order will remain in effect for the duration of the legal proceedings.

The court's decision underscores the balance between protecting the judicial process and upholding First Amendment rights, particularly in high-profile cases involving public figures.

Implications For Trump's Hush Money Case

In May, Trump was found guilty of 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels. The payment allegedly made to influence the 2016 presidential election has been at the center of this legal battle.

Following the trial's conclusion, Judge Merchan relaxed certain aspects of the gag order, specifically those preventing Trump from targeting jury members and witnesses in the case. However, the core restrictions remain in place, limiting Trump's ability to comment on court staff and their relatives.

Trump has consistently maintained his innocence and has stated his intention to appeal the guilty verdict. The continuation of the gag order may impact his public communications strategy as he navigates both legal challenges and his political aspirations.

Sentencing Delayed Until After Presidential Election

In a significant development, Judge Merchan agreed to Trump's request to delay sentencing in the case until after the 2024 presidential election. This decision pushes the sentencing date to November 26, 2024, well after the general election scheduled for earlier that month.

The rejection of Trump's gag order appeal and the denial of further case delays mark significant developments in the ongoing hush money case. New York's highest court's decision to dismiss the appeal effectively ends Trump's efforts to lift the limited gag order, ensuring that restrictions on his public statements about the case will remain in place.

The separate ruling by the U.S. Second Circuit Court of Appeals, denying a request for further delay, keeps the case on track for its scheduled sentencing after the 2024 presidential election. These decisions underscore the complex interplay between legal proceedings and political campaigns, particularly when involving a former president and current presidential candidate.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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