this post was submitted on 18 Jun 2024
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New York’s top court on Tuesday declined to hear Donald Trump’s gag order appeal in his hush money case, leaving the restrictions in place following his felony conviction last month. The Court of Appeals found that the order does not raise “substantial” constitutional issues that would warrant an immediate intervention.

The decision is the latest legal setback for the Republican former president, who has repeatedly railed against the gag order, which prevents him from commenting on witnesses, jurors and others who were involved in the case. But it could be short lived. The trial judge, Juan M. Merchan, is expected to rule soon on a defense request to lift the gag order.

Trump’s attorneys filed a notice of appeal with the state’s high court on May 15, during the former president’s landmark criminal trial. They argued that the gag order restricted Trump’s “core political speech on matters of central importance at the height of his Presidential campaign.”

But the Court of Appeals disagreed. In a decision list posted on Tuesday, the court said it would not automatically hear the case, writing that “no substantial constitutional question is directly involved.”

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[–] partial_accumen@lemmy.world 69 points 4 months ago (12 children)

If Merchan lifts the gag order before sentencing, Trump will immediately give all the justification for a harsh sentencing.

[–] Track_Shovel@slrpnk.net 17 points 4 months ago (7 children)

When is he due to be sentenced?

[–] dephyre@lemmy.world 28 points 4 months ago (1 children)
[–] girlfreddy@lemmy.ca 18 points 4 months ago (2 children)
[–] Track_Shovel@slrpnk.net 3 points 4 months ago (1 children)

Can they appeal after sentencing, does that have to come before?

[–] partial_accumen@lemmy.world 8 points 4 months ago* (last edited 4 months ago) (2 children)

They've already appealed and the court didn't see enough to justify an appeal. So that appeal was declined. Thats what the OP article is about. Sentencing doesn't stop or interfere with the appeal process.

[–] RunningInRVA@lemmy.world 9 points 4 months ago

No they will still appeal the conviction. This was an appeal on the gag order.

[–] Gerudo@lemm.ee 0 points 4 months ago

Neither can I lol

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