New York’s highest court threw out former President Donald Trump’s request to lift his gag order in his business records case.
The New York Court of Appeals dismissed Trump’s appeal to lift the gag order that limits him from making public remarks against his prosecutors or their families.
Trump’s attorneys requested Judge Juan Merchan lift the order after his conviction, arguing the gag order limits his First Amendment rights and that lifting the order would be in the public’s interest before the presidential election.
Yet, the court’s ruling said that “no constitutional question is directly involved” in dismissing Trump’s appeal.
Despite Thursday’s dismissal, Manhattan District Attorney Alvin Bragg’s successful conviction of Trump may be in jeopardy.
Merchan recently delayed Trump’s sentencing until November 26, 2024 — after Election Day. After a previous delay, Trump’s sentencing had been set for September 18.
Trump requested Merchan throw out his conviction after a Supreme Court ruling in July that said that presidents enjoy presidential immunity for official acts. That request prompted the initial sentencing delay.
The former president also has accused Merchan of profiting financially from his prosecution. The House Judiciary Committee has subpoenaed his daughter, Loren Merchan, for all documents related to her company’s work for Democrat campaigns that fundraised on the trial over which Merchan sat.
The case is Trump v. Merchan, No. 2024-521, in the New York Court of Appeals.
Bradley Jaye is a Capitol Hill Correspondent for Breitbart News. Follow him on X/Twitter at @BradleyAJaye.