The highest court in New York state declined to hear Trump’s appeal of the gag order still in effect from his hush-money case, stating the appeal lacked “substantial constitutional” basis. The rejection is the latest setback amid Trump’s ongoing legal turmoil after being convicted on 34 felonies.
Trump’s attorneys filed an appeal to end the order on May 15, prior to his conviction. His attorneys argued that the gag order prevented Trump from engaging in “core political speech on matters of central importance at the height of his Presidential campaign.” In recent weeks, Trump’s campaign has largely focused on racist tirades about migrants, electric vehicles, and sharks—not on the witnesses, jury, and family members of authorities involved in his hush-money criminal trial, thanks to the gag order that prohibits Trump from attacking them.
On Tuesday, the New York Court of Appeals declined to hear Trump’s appeal, stating that “no substantial constitutional question is directly involved.” The court’s decision may matter little, as Judge Juan Merchan is expected to issue a ruling on a defense request to lift the order this or next week, according to AP. Trump’s gag order was enacted ahead of his hush-money trial out of concern his proclivity for running his mouth would impact the trial proceedings, and was fined $10,000 for violating the gag order.
Trump’s lawyers argued that the gag order should be lifted because the trial has ended and told AP earlier this month, “It’s a little bit of the theater of the absurd at this point, right?”
According to AP, the gag order is still in effect because the case is still active—Trump’s sentencing hearing is slated for July 11, after which point the gag order will automatically end as the case concludes.
