Appeals court shoots down Trump’s request to lift gag order after felony conviction

18 June 2024

Former President Donald Trump must still abide by a gag order preventing him from attacking jurors, witnesses, court staff and their families after a ruling by a New York court on Tuesday.

ABC News reported Tuesday that the New York Court of Appeals rejected the request by Trump's defense team to consider lifting the gag order in the wake of his 34 felony convictions handed down late last month. The ex-president argued that because the trial had concluded that he should be free once again to speak openly about the case, but prosecutors countered that the groups protected by the gag order were still at risk and that the order should remain in place until Trump's sentencing on July 11.

"[Judge Merchan] properly weighed petitioner's First Amendment Rights against the court's historical commitment to ensuring the fair administration of justice in criminal cases and the right of persons related or tangentially related to the criminal proceedings from being free from threats, intimidation, harassment, and harm," an intermediate appellate court previously ruled.

The full New York Court of Appeals rejected the ex-president's appeal "upon the ground that no substantial constitutional question is directly involved," according to ABC.

Trump previously violated Merchan's gag order 10 times, and was required to pay the maximum allowable financial penalty of $1,000 per violation. Those violations were in response to attacks Trump posted to his Truth Social platform targeting key witnesses like his former attorney, Michael Cohen, and adult film star and director Stormy Daniels. Merchan threatened the 45th president of the United States with jail time if he continued to violate the order, but didn't end up imposing any incarceration.

Following the New York Court of Appeals' decision to not take up Trump's appeal, he could still run afoul of Judge Merchan between now and his sentencing hearing, and any potential violations could be punishable with fines or even imprisonment. Future violations are unlikely, as Trump's attorneys are likely aware that flouting the gag order would count against their client in his attempts to get a more lenient sentence.

However, one legal expert has opined that Trump being on his best behavior until July 11 may not save him from prison. Former FBI general counsel Andrew Weissmann said on an MSNBC panel that Trump's continued lack of respect for the proceedings, along with his multiple violations of the gag order, could result in him getting a prison sentence even though the 34 class E felonies he was convicted on don't require prison time.

"It is impossible for me to think that they will not factor in that the judge has found ten violations of the gag order beyond a reasonable doubt. And those violations are not small things," Weissmann said. "The last one was finding, beyond a reasonable doubt, a disrespect of a court order to protect jurors. It's hard to think of something more serious."

"Could you think of a defendant with any more lack of remorse? If you think of the recidivism and the lack of remorse, there is such an array of things for the state to point to," he added.

Trump's sentencing hearing will take place just four days before the Republican National Convention (RNC) kicks off in Milwaukee, Wisconsin. The RNC is expected to formally nominate Trump that weekend, making him the first major party nominee to be convicted of felony crimes and potentially sentenced to prison prior to the election.

Click here to read ABC's report in full.

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