New York State Court Rejects Trump’s Appeal for Gag Order

The appeal of the gag order in former President Donald Trump’s Manhattan criminal trial was denied by a New York state appeals court on Tuesday.

The Supreme Court of New York Appellate Division, First Judicial Department upheld Judge Juan Merchan’s March 26 gag order, which prevented Trump from publicly discussing witnesses, prosecutors, court staff, and jurors in the criminal trial.

On April 1, Merchan expanded the gag order to include Trump’s family after Trump criticized the judge’s daughter and alleged a conflict of interest.

The appellate judges determined that the gag order does not infringe on Trump’s First Amendment rights.

“We decline to grant the relief sought by petitioner,” the judges stated in their ruling. “Litigants do not forfeit their First Amendment rights in court, but those rights can be secondary to other trial-related interests.”

“We agree that Justice Merchan appropriately balanced petitioner’s First Amendment rights with the court’s commitment to a fair criminal justice process, and the right of individuals associated with the case to be protected from threats, intimidation, harassment, and harm.”

The judges referenced a federal appeals court ruling in Washington, D.C., from January that rejected Trump’s request to reconsider a gag order in a 2020 election interference case.

“The federal court’s decision deemed necessary the restraining order against Trump due to his pattern of speech potentially influencing the criminal trial process,” the New York judges wrote.