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NY v. Trump: Appeals court rejects Trump’s request to end ‘unconstitutional’ gag order

The Appellate Division of the New York Supreme Court on Tuesday rejected his attempt to lift former President Donald Trump’s gag order that had prevented him from speaking publicly about many aspects of the case.

“We recognize Judge Marchand’s commitment to the First Amendment rights of appellants and the Court’s historic commitment to ensuring the fair administration of justice in criminal cases, and to those involved in or connected to criminal proceedings. “We find that the right to be free from intimidation, intimidation, and harassment was properly weighed,” and harm,” the New York State Supreme Court, Appellate Division, First Department, said in an order Tuesday.

Trump’s lawyers now have the opportunity to appeal the gag order to the New York Court of Appeals.

“The gag order imposed by Judge Juan Melchán, a rival judge in the Manhattan lawless district prosecution case, is unconstitutional and un-American. “The threat to jail a leading candidate is a third world authoritarian tactic typical of crooked Joe Biden and his ilk,” Trump campaign spokesman Steven Chan told Fox. He told News Digital.

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President Trump will address the media on May 13th. (Photo credit: SETH WENIG/POOL/AFP via Getty Images)

The denial of the appeal comes as President Trump and his allies have repeatedly and consistently criticized the order as “unconstitutional” and preventing him from defending himself from attacks by his critics. I was disappointed.

Presiding Judge Juan Marchan imposed a gag order on Trump before the start of his criminal trial in New York, banning the presumptive Republican presidential nominee from testifying against witnesses, lawyers in the case, or court or prosecutor’s office staff. ordered not to speak publicly or instruct others to do so. Or a staff member’s family.

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Former President Donald Trump watches as New York prosecutor Christopher Conroy speaks before Judge Juan Marchan.

Former US President Donald Trump was interviewed by New York State prosecutor Christopher Conroy before Judge Juan Marchan during a hearing to discuss a gag order that prohibits Trump from publicly criticizing witnesses or criminal court officials. Watch him speak. (Reuters/Jane Rosenberg)

After the trial began, Marchan ruled that Trump had violated the order on 10 occasions and would be fined a total of $10,000. The violations stemmed from messages President Trump posted on Truth Social and his campaign website.

In sentencing the first gag order, the judge threatened Trump with prison time for further violations, but lamented that he could not fine Trump more than $1,000 for each violation. Marchan wrote in the executive order that if President Trump engages in “continued willful violations” of the gag order, he could be subject to fines. “Confinement” If it is “necessary and appropriate.”

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Judge Machan poses for a photo

Judge Juan Mercian poses for a photo in his New York courtroom on Thursday, March 14, 2024. (AP)

Mr Machan also lamented that a fine of this amount “unfortunately will not achieve the desired result when the violator can easily pay such a fine.”

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Earlier this month, President Trump responded to the threat of imprisonment as a “sacrifice” he was willing to make to protect the Constitution.

“I have to be careful with every word I say to you. You ask me questions, and I want to answer them, but I can’t talk about them. Because this judge… issued me with a gag order, [says] If you violate it, you’ll go to jail,” President Trump said last week.

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“And frankly, you know what? our constitution is much more important than prison. It’s not even close. I’m always willing to make that sacrifice. ”

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