A panel of the New York Supreme Court Appellate Division on Thursday ruled to maintain the gag order in former president Donald Trump’s hush-money trial. While Trump was found guilty on May 3o of 34 felony counts of falsifying business records in the first degree, the court upheld Justice Juan Merchan’s decision to continue the restraining order until after sentencing has occurred.
The appeals court found that “the fair administration of justice necessarily includes sentencing” and that “threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat.” The court concluded that paragraph (b) of the gag order “shall remain in effect until the imposition of sentence.”
On June 25, Justice Merchan partially allowed a Trump challenge of the gag order’s operation post-trial. That decision terminated the portions of the gag order pursuant to making statements about witnesses and prospective jurors. However, Justice Merchan maintained paragraph (b) of the order, preventing Trump from:
Making or directing others to make public statements about (1) counsel in the case other than the District Attorney, (2) members of the court’s staff and the District Attorney’s staff, or (3) the family members of any counsel, staff member, the Court or the District Attorney, if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staffs work in this criminal case, or with the knowledge that such interference is likely to result.
Trump appealed that decision, seeking to terminate paragraph (b) as well. He contended that “the conclusion of the trial constitutes a change in circumstances warranting termination of the remaining … provision.” The appeals court on Thursday, however, found the claims to be incorrect.
Justice Merchan first entered the gag order against Trump in March, before expanding it in April. He deemed it necessary to prevent Trump from issuing statements that were “threatening, inflammatory, [and] denigrating” against a variety of court staff and officials. In May, the appeals court already upheld the initial gag order, finding that it struck the right balance between Trump’s right to freedom of speech and the protection of participants in the trial.
Trump’s sentencing will take place on September 18.