New York appeals court refuses to hear Trump's challenge to gag order in hush money case

The New York Court of Appeals declined Tuesday to hear former President Donald Trump's appeal of the hush order in the financial secrecy case in which he was convicted last month.

The state's highest court said it was rejecting the appeal “on the grounds that no substantial constitutional question is directly involved.”

This means that the silence imposed on Trump by State Judge Juan Merchan is still in effect.

Trump had argued that the order, which prohibits him from attacking witnesses, individual prosecutors, jurors, court personnel and their relatives, as well as those close to Manhattan District Judge and Attorney Alvin Bragg, raised ” constitutional questions of the highest importance.

Trump's lawyers argued that the order restricts his “fundamental political speech on issues of central importance at the height of his presidential campaign, where he is the leading candidate, and thus violates the fundamental right of every American voter to l 'hear' about questions. of enormous public importance. That includes his ability to talk about two key witnesses in the case, his former lawyer Michael Cohen and adult film star Stormy Daniels, which his lawyers called a “matter of constitutional significance.”

The DA's office argued before the high court that Merchan's order did not trigger any constitutional problems because it was “narrowly tailored” and necessary given Trump's “unique and well-documented history of threatening, inflammatory and denigrating remarks against participants in the trial. Prosecutors said his “violent rhetoric” led to death threats against Bragg and his associates, and “terrorized and intimidated his direct targets.”

Despite the high court's ruling Tuesday, Trump can still ask it to hear the case. He has 30 days to file such a request, said Gary Spencer, a court spokesman.

Trump first asked the appeals court to rule in mid-May, before being found guilty of 34 counts of falsifying business records after an unsuccessful attempt to do so in a court of law. lower call.

Trump repeatedly denounced the silence order throughout the trial, which lasted about a month and a half. The former president was found to have violated the order multiple times, leading Merchan to fine Trump $10,000 and threaten to put him in jail if it happened again.

In early June, Trump's lawyer, Todd Blanche, sent a letter to Merchan asking him to end the silence order, arguing that with the trial over, the stated basis for the silence order no longer exists . The Manhattan District Attorney's Office, which prosecuted the case, opposed the request from Trump's legal team.

The jury in that case found Trump guilty on May 30 of all 34 counts of falsifying business records, marking the first time a former U.S. president had been convicted of a crime.

After his conviction, Trump may have further violated the silence order by making comments about two witnesses in the case: Robert Costello, who testified for the defense, and Michael Cohen, the prosecution's star witness and former Trump lawyer, although Trump has not explicitly done so. name it.

The former president is expected to be sentenced in the case on July 11. On June 10, he met virtually with a New York probation officer for a pre-sentencing interview.

Rebecca Shabad

Rebecca Shabad is a political reporter for NBC News based in Washington.

Dareh Gregorian contributed.

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