Donald Trump has been complaining about election interference from the outset of these trials.
After an appeals court refused to lift the gag order in the hush-money case, he has a legitimate beef.
Talking Points…
- Trump gag order
- Appeal denied
- Analysis
Donald Trump was in attack mode from the outset of the case, so the gag order in the hush-money case was imminent. It almost seemed as though Trump was daring the court to hit him with a gag order so he could play the victim. After numerous attacks on the court, court members, witnesses, and prosecutors, Judge Merchan had finally heard enough and put the gag order in place.
As we expected, Trump then used the gag order to say that this was, yet again, political persecution and the weaponization of the Department of Justice and the judiciary. Trump surrogates then flooded to New York to observe the hearing and comment since Donald Trump could not. This also led to a flood of members of Congress going to New York to show support for Trump, also grabbing headlines with press conferences to comment on the trial.
After the verdict came in, with Trump guilty on all counts, it was assumed the gag order would be lifted, but that was not the case. Trump's team then made a motion to Merchan to have the gag order lifted now that the case was over and it was only waiting on the appeals process. Bragg's office fought the motion, insisting that the gag order should remain in place until the appeals process had fully played out. Merchan eventually decided against Trump, keeping the gag order in place.
Donald Trump's legal team was then forced to file an appeal, mostly because Trump has an upcoming debate with Joe Biden. While Biden and moderators will be able to lob bombs at Trump regarding the case, if the gag order is in place, Trump will not be able to respond without the threat of more fines or possibly even jail time.
Attorney Todd Blanche filed the appeal, asking the court to remove the gag order since Judge Merchan would not. He argued:
"Now that the trial is concluded, the concerns articulated by the government and the Court do not justify continued restrictions on the First Amendment rights of President Trump—who remains the leading candidate in the 2024 presidential election—and the American people."
The court denied the appeal, which led to a scathing response by Trump Campaign Spokesman Steven Cheung, who has never had a problem throwing venom on Trump's behalf. Cheung stated:
"President Trump and his legal team will continue to fight against the unconstitutional Gag Order imposed by Justice Merchan. The Gag Order wrongfully silences the leading candidate for President of the United States, President Trump, at the height of his campaign. The Gag Order applies only to President Trump and not to any of his political opponents, critics, or even Crooked Joe Biden.
"The Election Interfering Gag Order violates the First Amendment rights of President Trump and all American voters, who have a fundamental right to hear his message."
With the first debate scheduled for June 27, Trump's legal team will have to make an emergency appeal to the Supreme Court for relief on the gag order. And I have to say, I am pretty surprised the appeals court did not lift the gag order here, and that may not bode well for Trump on his appeal of this case.
If Trump cannot get relief from the Supreme Court, I would honestly be surprised if he attends the debate. He would be setting himself up either way. He cannot allow Biden and the moderators to land unanswered blows regarding the case, but if he speaks, he is likely to be sent to jail by Merchan. Perhaps that is what Trump actually wants to evoke more public sympathy for his campaign. This will all shake out in a few days, so stay tuned.
