Former President Donald Trump filed a notice of appeal of a recent New York appeals court ruling that upheld a gag order in his Manhattan case.
“President Trump has filed a notice to appeal the unconstitutional and un-American gag order imposed by conflicted Judge Juan Merchan in the lawless Manhattan DA case,” Trump campaign spokesman Steven Cheung said in a statement on May 15.
The spokesman said that the campaign believes that Judge Juan Merchan has violated the former president’s First Amendment rights to speak freely, echoing previous comments made by the former president.
Earlier this week, a panel of judges ruled that Judge Merchan “properly determined that petitioner’s public statements posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case as well” in issuing the gag order.
“Notably, petitioner does not argue that the Restraining Order has impinged upon his Sixth Amendment rights, or that he is unable to receive a fair trial because of the Restraining Order,” the order stated, rejecting President Trump’s arguments that the order should be rescinded because it restricts “his ability to engage in protected political speech” or “may have some adverse impact on his campaign.”
His attorneys had argued that the gag order, issued initially by Judge Merchan in March and expanded several weeks later, violates the former president’s right to free speech, namely during the 2024 presidential election race, in which he is the leading Republican candidate. In two hearings, Judge Merchan fined President Trump $10,000 for 10 alleged violations and warned he might jail him for future violations.
As a result, President Trump told reporters in several public appearances that he could not make comments or respond to questions about the specifics of the case. In one post on Truth Social, he said that he can’t talk about individuals making “lies and false statements” about him during the trial, coming after a witness made salacious affair claims about him, which he has denied.
The former president also alleged that Trump supporters are not allowed to demonstrate in front of the courthouse because of heavy security around the building. He said that he should be campaigning in various states to bolster his 2024 presidential campaign rather than being at the trial.
In the case, President Trump is charged with 34 counts of falsifying business records over an alleged payment scheme to former Trump lawyer Michael Cohen, who said he paid adult entertainment performer Stephanie Clifford, also known as Stormy Daniels, $130,000 at the end of the 2016 election to not speak about an alleged affair that the former president has denied. President Trump said there was no wrongdoing with the Cohen payments and has pleaded not guilty to the charges brought by Manhattan District Attorney Alvin Bragg, a Democrat.
Mr. Cohen is expected to again testify on Thursday. Prosecutors have said they will not call any more witnesses to the stand.
“That’s why I decided to take on this on my own,” Mr. Costello recalled Mr. Cohen telling him. He also asked Mr. Cohen if President Trump “had anything to do with it,” meaning the payments to Ms. Clifford, to which Mr. Cohen replied: “No,” according to Mr. Costello.
The Manhattan trial is considered less consequential than three other criminal prosecutions the former president faces, all of which are mired in delays. The other cases charge him with trying to overturn his 2020 presidential defeat in Georgia and Washington and with mishandling classified documents after leaving office. He has pled not guilty to all charges.
Under New York law, falsifying business records can be elevated from a misdemeanor to a felony if the crime helped conceal another offense. In President Trump’s case, prosecutors have argued the payment was effectively a secret contribution to his campaign, violating federal and state laws.
During cross-examination, Trump lawyers repeatedly suggested that Mr. Cohen, who spent time in prison on perjury charges, isn’t a reliable witness because of his checkered past and previous convictions.
The trial is expected to last about another week or two.
