The New York State Supreme Court on Tuesday denied Donald Trump’s bid to lift a gag order in a Manhattan “hush money” lawsuit, rejecting the former president’s argument that the gag order violated his constitutional rights.
A New York state appeals court ruled to dismiss President Trump’s appeal against Manhattan Supreme Court Judge Juan Marchan’s limited gag order, finding that “no substantial constitutional question is directly involved.”
The order, signed by Marchan in March and expanded in April, barred Trump from criticizing witnesses in the trial, including his former fixer Michael Cohen and porn star Stormy Daniels, individual prosecutors in the case, as well as Marchan’s family and the family of Manhattan District Attorney Alvin Bragg.
Trump, 78, is still allowed to criticize Bragg and Marchan, and has repeatedly denounced the trial, in which a jury convicted Trump of covering up payments to Daniels before the 2016 election, as a politically motivated conspiracy against Trump.
Lawyers for the presumptive 2024 Republican presidential candidate argue that the order violates Trump’s First Amendment rights.
The appeals court rejected that argument on Tuesday but did not elaborate on how it reached its decision.
Melchan issued the order after prosecutors pointed to Trump’s long history of online attacks on witnesses, lawyers and judges involved in the criminal case against him.
In March 2023, Trump drew widespread criticism when he posted a photo of himself holding a baseball bat next to Bragg’s head, threatening “death and destruction” if he was criminally charged in New York.
“Any lay observer who has heard of the defendant’s latest attacks cannot help but conclude that if they become involved in this trial, even indirectly, they should be concerned not only for themselves but for their loved ones,” Marchan wrote in the April letter.
“These concerns would undoubtedly undermine the fair administration of justice and amount to a direct attack on the rule of law itself,” the judge added.
Judge Marchan fined Trump $10,000 and found him in criminal contempt twice for violating a gag order during the trial.
Trump’s lawyers separately asked Marchan to vacate the order now that the trial is over.
Prosecutors pushed back, arguing that the ruling should stand at least until Trump’s July 11 sentencing hearing and any motions that both sides may file after the sentence.
Trump was convicted of all 34 felony counts of falsifying business records that he committed, and faces up to four years in prison or either probation or conditional release that may include community service.
He vowed to appeal the sentence.
Trump’s lawyers and representatives for the Manhattan District Attorney’s Office did not respond to requests for comment Tuesday.
