NY appeals court rejects Trump's request to lift Judge Merchan's gag order despite end of trial
A New York appeals court on Thursday rejected a motion from Donald Trump's legal team to remove the remainder of Manhattan Judge Juan Merchan's gag order against the former president.Trump's attorneys have made repeated requests to have the restrictive order lifted, claiming that it has muzzled the Republican presidential candidate amid an ongoing election campaign. 'Continued to pose a significant and imminent threat.'When initially instituted, Merchan's gag order prohibited Trump from making public remarks about anyone involved in the New York criminal trial or their family members. In May, the New York City panel of jurors found Trump guilty on all 34 felony counts of falsifying business records — charges filed by Manhattan District Attorney Alvin Bragg (D). Following the verdict, Merchan partially lifted the gag order in late June, freeing Trump to discuss any of the witnesses in the case publicly but still prohibiting him from talking about staff or family members.Trump was slated to face sentencing last month, but the Supreme Court's recent presidential immunity ruling prompted his attorneys to file a motion to overturn the jury's conviction. Trump's legal team has argued that some of the evidence used by the prosecution to secure the guilty verdict constituted official acts during his presidency. In response to the motion, Merchan agreed to postpone sentencing while he reviews whether the Supreme Court's determination — which found that presidents have absolute immunity for actions within their "conclusive and preclusive constitutional authority" and presumptive immunity for all official acts — would impact the New York case. Merchan stated that he would make a determination by September 6 and that sentencing could be delayed until September 18. Trump is facing a maximum of four years in prison. The New York case was one of four criminal indictments filed against the former president.On Thursday, a New York appeals court ruled on Trump's request to remove the rest of Merchan's gag order. It denied the motion, stating that the end of the trial did not constitute "a change in circumstances” and that "fair administration of justice necessarily includes sentencing." The court claimed that lifting the gag order against Trump, who recently survived an assassination attempt, would “pose a significant and imminent threat,” citing alleged threats made against the DA office’s staff after the verdict was read. No reports claim that any staff have been harmed stemming from the alleged intimidation attempts.The appeals court wrote, "Contrary to petitioner's contentions, the People's evidentiary submissions in opposition to his motion in Supreme Court demonstrate that threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat."Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!
A New York appeals court on Thursday rejected a motion from Donald Trump's legal team to remove the remainder of Manhattan Judge Juan Merchan's gag order against the former president.
Trump's attorneys have made repeated requests to have the restrictive order lifted, claiming that it has muzzled the Republican presidential candidate amid an ongoing election campaign.
'Continued to pose a significant and imminent threat.'
When initially instituted, Merchan's gag order prohibited Trump from making public remarks about anyone involved in the New York criminal trial or their family members.
In May, the New York City panel of jurors found Trump guilty on all 34 felony counts of falsifying business records — charges filed by Manhattan District Attorney Alvin Bragg (D).
Following the verdict, Merchan partially lifted the gag order in late June, freeing Trump to discuss any of the witnesses in the case publicly but still prohibiting him from talking about staff or family members.
Trump was slated to face sentencing last month, but the Supreme Court's recent presidential immunity ruling prompted his attorneys to file a motion to overturn the jury's conviction. Trump's legal team has argued that some of the evidence used by the prosecution to secure the guilty verdict constituted official acts during his presidency.
In response to the motion, Merchan agreed to postpone sentencing while he reviews whether the Supreme Court's determination — which found that presidents have absolute immunity for actions within their "conclusive and preclusive constitutional authority" and presumptive immunity for all official acts — would impact the New York case.
Merchan stated that he would make a determination by September 6 and that sentencing could be delayed until September 18. Trump is facing a maximum of four years in prison. The New York case was one of four criminal indictments filed against the former president.
On Thursday, a New York appeals court ruled on Trump's request to remove the rest of Merchan's gag order. It denied the motion, stating that the end of the trial did not constitute "a change in circumstances” and that "fair administration of justice necessarily includes sentencing."
The court claimed that lifting the gag order against Trump, who recently survived an assassination attempt, would “pose a significant and imminent threat,” citing alleged threats made against the DA office’s staff after the verdict was read. No reports claim that any staff have been harmed stemming from the alleged intimidation attempts.
The appeals court wrote, "Contrary to petitioner's contentions, the People's evidentiary submissions in opposition to his motion in Supreme Court demonstrate that threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat."
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Originally Published at Daily Wire, World Net Daily, or The Blaze
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