A New York appeals court shot down former President Donald Trump’s motion to challenge Judge Juan Merchan’s gag order against him on Tuesday as Trump’s hush-money trial continues into its fifth week, CNN reported.
Merchan has fined Trump 10 times and threatened him with jail since implementing the gag order, which prevents the former president from talking about jurors, attorneys, court staff, and the judge’s family. Trump has argued that the gag order violates his First Amendment rights, but Merchan maintains that Trump’s public statements must be regulated to prevent witnesses from being intimidated.
“We find that Justice Merchan properly weighed petitioner’s First Amendment Rights against the court’s historical commitment to ensuring the fair administration of justice in criminal cases, and the right of persons related or tangentially related to the criminal proceedings from being free from threats, intimidation, harassment, and harm,” the appeals court said.
“Justice 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,” the appeals court added.
Trump, who is being prosecuted by Manhattan Democratic District Attorney Alvin Bragg for alleged hush-money payments to porn actress Stormy Daniels, suggested last week that he is willing to go to jail over Judge Merchan’s gag order. After issuing the 10th fine against Trump last Monday, Merchan said he would “consider a jail sentence” if Trump violates the gag order again.
“The last thing I want to consider is jail. You are [the] former president and possibly the next president,” Merchan said, according to Fox News.
“The magnitude of that decision is not lost on me,” he added. “Your continued willful violation of the court’s order … constitutes a direct attack … and will not be allowed to continue.”
After Merchan’s strong warning, Trump told reporters, “I have to watch every word I tell you people. You ask me a question, a simple question, I’d like to give [an answer], but I can’t talk about it. Because this judge is giving me a gag order and said you’ll go to jail if you violate it.”
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“And frankly, you know what, our Constitution is much more important than jail,” Trump added. “It’s not even close. I’ll do that sacrifice any day.”
Trump again slammed the gag order during his remarks to the press before the trial began on Tuesday morning.
“You ask me questions [and] I’m not allowed to respond,” he said. “The gag order has to come off.”
