A gag order put in place before former President Donald Trump’s criminal trial in New York will remain through his sentencing in September, an appeals court ruled Thursday.
Trump has repeatedly challenged the order, which currently bars him from commenting publicly on prosecutors and court staff involved in the case, and their families. It originally also prevented him from talking about witnesses and jurors, but those restrictions were removed shortly after Trump’s May 30 felony conviction.
Trump has been free to criticize Manhattan District Attorney Alvin Bragg and Justice Juan Merchan, the judge presiding over the case.
The Republican presidential nominee’s latest challenge to the gag was filed after his unanimous jury conviction on 34 felony counts of falsifying business records. His lawyers argued the gag order should have been dispelled with the end of his trial.
New York’s Appellate Division, First Judicial Department — the state’s second highest court — disagreed.
Trump’s “contention that the conclusion of trial constitutes a change in circumstances warranting termination of the remaining Restraining Order provision is unavailing,” the appellate panel wrote.
The appellate court concluded that the gag order should remain in place until Trump is sentenced.
“The fair administration of justice necessarily includes sentencing, which is ‘a critical stage of the criminal proceeding,'” they wrote.
A spokesperson for Trump’s campaign called the gag order “blatantly un-American” in a statement to CBS News.
“President Trump continues to forcefully challenge Acting Justice Merchan’s decision to leave in place portions of the unconstitutional gag order,” said the spokesperson, Steven Cheung.
Trump was originally scheduled to be sentenced July 11, but that date was pushed back after he filed a motion to set aside his conviction, citing a recent U.S. Supreme Court decision related to presidential immunity.
Merchan said he will issue a decision on Trump’s motion on Sept. 6, and if he rejects it, leaving the conviction in place, will sentence Trump on Sept. 18.
