Left: Donald Trump speaks at a rally in Wisconsin (AP Photo/Mike Roemer). Center: Judge Juan Merchan (AP Photo/Seth Wenig). Right: Manhattan DA Alvin Bragg (via Lev Radin/Sipa USA/AP Images).
An appellate court on Thursday declined to disturb the loosened gag order in Donald Trump’s hush-money case, an order the still bars him from verbally attacking the trial judge’s daughter and the staff of Manhattan District Attorney Alvin Bragg (D) ahead of sentencing, whenever that might be, but no longer prevents the former president from criticizing witnesses and jurors.
The New York Supreme Court’s Appellate Division, First Department, in a decision and order “unanimously denied” Trump’s Article 78 lawsuit against Acting New York Supreme Court Justice Juan Merchan, writing that the judge “did not act in excess of jurisdiction by maintaining the narrowly tailored protections” he outlined in June.
That month, Merchan wrote that lawyers in the DA’s office, court or DA staffers, and family members of staffers, lawyers, the court, and DA Bragg must still be “free from threats, intimidation, harassment, and harm” until Trump is sentenced.
The appellate court, agreeing that there is evidence that threats to Bragg’s staff have continued, rejected Trump lawyers’ argument that the convictions on 34 felony counts of falsification of business records rendered a continuation of the gag order unnecessary.
“Petitioner’s contention that the conclusion of trial constitutes a change in circumstances warranting termination of the remaining Restraining Order provision is unavailing,” the appellate court said. “Courts are empowered to protect against the ‘unfair administration of justice.””
More Law&Crime coverage: Trump now free to critique Stormy Daniels and Michael Cohen ahead of presidential debate and hush-money sentencing, as trial judge modifies gag order
“The fair administration of justice necessarily includes sentencing, which is ‘a critical stage of the criminal proceeding,” the order continued. “Indeed, under the CPL, a ‘criminal action . . . terminates with the imposition of sentence or some other final disposition in a criminal court,’ neither of which has occurred here.”
As sentencing has been pushed back to September, what’s left of the gag order will remain in effect.
“Accordingly, since the underlying criminal action remains pending, Justice Merchan did not act in excess of jurisdiction by maintaining the narrowly tailored protections in paragraph (b) of the Restraining order,” the order said. “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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