New York’s Highest Court Affirms Trump Gag Order in Hush Money Case, Reports Reuters

By Luc Cohen

The top court in New York upheld a gag order on Donald Trump on Thursday regarding the criminal case tied to hush money payments made to a porn star. Trump, the Republican candidate for the presidential election on November 5, contended that Justice Juan Merchan’s limitations on his public comments about court staff and prosecutors infringed upon his First Amendment rights.

The New York State Court of Appeals disagreed, stating that Trump’s appeal was dismissed due to the absence of a substantial constitutional question.

Steven Cheung, a spokesperson for Trump’s campaign, asserted that Trump would persist in fighting what he called "unconstitutional Witch Hunts and Gag Orders."

In addition to this case, Trump also faces a gag order in a separate federal case in Washington, D.C., regarding his attempts to contest the results of the 2020 election. He has pleaded not guilty in that matter.

Previously, a mid-level state appeals court had rejected Trump’s attempts to challenge Merchan’s gag order, describing the restrictions as "narrowly tailored." The judge first enacted the gag order shortly before the historic criminal trial of a U.S. president commenced on April 22, citing Trump’s pattern of making potentially threatening remarks as a concern for the proceedings.

The initial gag order prohibited Trump from discussing prosecutors, court staff, witnesses, and jurors publicly. Following his conviction on May 30, Merchan lifted some restrictions concerning witnesses and jurors, although a separate order still prevents anyone involved in the case from identifying the jurors, who served anonymously.

The jury found Trump guilty on 34 felony counts of falsifying business records related to concealing a $130,000 payment made by his former personal lawyer, Michael Cohen, to adult film actress Stormy Daniels. This payment was meant to secure Daniels’ silence about a purported affair with Trump a decade prior, which he has denied. Trump ultimately secured the presidency by defeating Democrat Hillary Clinton.

Sentencing for Trump is scheduled for November 26.