New York’s top court throws out Trump gag order appeal

New York’s high court tossed out former President Trump’s appeal of the gag order in his hush money criminal case Thursday. 

The gag order, which remains in partial effect ahead of Trump’s sentencing, bars the former president from making public remarks about prosecutors involved in the case or their families. Manhattan District Attorney Alvin Bragg (D) and Judge Juan Merchan remain fair game. 

In a brief order, the court said “no substantial constitutional question is directly involved” and that it would dismiss Trump’s appeal. 

The former president has argued the gag order violates the First Amendment rights of him and his millions of supporters, emphasizing his status as a presidential candidate in this year’s election.

Trump asked the New York Court of Appeals, the state’s highest court, to hear his challenge after his arguments were rejected by lower courts.

In May, Trump was convicted on 34 counts of falsifying business records in connection with a hush money payment to his ex-fixer Michael Cohen made to porn actor Stormy Daniels so she would keep her story of an alleged affair with Trump — who denies the encounter — a secret until after the 2016 presidential election.  

The gag order once prevented Trump from attacking key witnesses — like Cohen and Daniels — and jurors, but the judge partially lifted the order after the trial’s conclusion. 

New York’s top court previously tossed the former president’s appeal challenging the full set of restrictions. His latest appeal concerned the narrowed terms. 

State prosecutors have maintained that the restrictions were essential to keep order and protect witnesses, the jury and others from Trump’s ire. Despite his decision to cut back the order, Merchan agreed, suggesting that he “narrowly tailored” the order to address “significant concerns” about Trump’s speech.

In a statement, Trump campaign spokesperson Steven Cheung called the gag order unconstitutional and said Trump would “continue to fight against” it. 

“The Democrats are trying to unlawfully gag President Trump, the leading candidate in the 2024 Presidential Election, because they know that he is dominating this election, will win on November 5th, and will Make America Great Again!” Cheung said. 

All seven of the judges on the New York Court of Appeals were appointed by Democratic governors. Chief Judge Rowan Wilson and Judge Caitlin Halligan took no part in Thursday’s decision, however, according to the order. 

Updated at 10:40 a.m. EDT