NEW YORK — A New York appeals court on Tuesday upheld the gag order in Donald Trump’s hush money trial, finding that the judge “properly determined” that Trump’s public statements “posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case as well.”
Trump had asked the state’s intermediate appeals court to lift or modify the gag order, which bars him from commenting publicly about jurors, witnesses and others connected to the case, including Judge Juan M. Merchan’s family and prosecutors other than District Attorney Alvin Bragg.
At an emergency hearing last month, just days before the trial started, Trump’s lawyers argued that the gag order is an unconstitutional curb on the presumptive Republican nominee’s free speech rights while he’s campaigning for president and fighting criminal charges.
In its ruling, the five-judge appeals panel noted that Trump wasn’t claiming that the gag order had infringed on his right to a fair trial. Rather, Trump’s lawyers argued that prohibiting him from commenting restricted his ability to engage in protected political speech and could adversely impact on his campaign.
The appeals court ruled that Merchan “properly weighed” Trump’s free speech rights against the “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.”
