Donald Trump seeks New York's highest court intervention over gag order dispute

Former President Donald Trump has taken his legal battle to have New York's highest court intervene following a $10,000 fine and the threat of jail time for violating a gag order connected to his hush money criminal trial. Trump's legal team filed a notice of appeal on Wednesday, a day after the state's mid-level appellate court rejected his request to lift or modify the restrictions.

Steven Cheung, a spokesperson for Trump's presidential campaign, stated that the appeal was made to the state's Court of Appeals to address what they consider an "unconstitutional and un-American" gag order.

"The threat to throw the 45th President of the United States and the leading candidate in the 2024 presidential election in jail for exercising his First Amendment rights is a Third World authoritarian tactic typical of Crooked Joe Biden and his comrades,"

Appeals Court Ruling

A panel of the mid-level appeals court ruled that Judge Merchan "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." Judge Merchan has held Trump in contempt of court for violating the order 10 times, with a $1,000 fine for each violation. He has also warned Trump that he could be sent to jail for future violations.

The most recent violation concerned comments made by Trump about the political make-up of the jury, prompting the judge to express concerns about the safety of the jurors and their loved ones.

The gag order bars Trump from making or directing others to make statements about witnesses and prohibits comments about court staff, the judge's family, and prosecutors other than Manhattan District Attorney Alvin Bragg.

Appeal Arguments

Trump had previously appealed the gag order, arguing that it infringed on his free speech rights, particularly in relation to making comments about individuals involved in the case and engaging in political speech that could impact his campaign.

The appeals court ruled that Judge 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."