December 5, 2025 2:20 pm

NY Court Upholds Trump’s Gag Order, Emphasizes Fair Justice and Safety

A New York court dismissed Trump's attempt to overturn a communication ban, maintaining it doesn't infringe on his rights.
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New York Court Upholds Gag Order Against Former President Trump

A New York court has rejected former President Donald Trump’s appeal to lift a gag order that prohibits him from discussing participants in his ongoing criminal trial. The court ruled that the order does not violate Trump’s First Amendment rights.

Justice Juan Merchan, who presides over Trump’s case involving 34 counts of falsifying business records, initially imposed the order to prevent Trump from making public comments about potential witnesses, jury members, and legal professionals. The restriction was later extended to include his daughter.

Despite these limitations, Trump retains the ability to criticize Justice Merchan and Manhattan District Attorney Alvin Bragg. Trump has denied all charges against him.

On Tuesday, the appellate division of the New York Supreme Court upheld Merchan’s decision. The court expressed concern that Trump’s statements could compromise the integrity of the testimony from witnesses and potential witnesses.

The ruling highlighted the balance struck between Trump’s First Amendment rights and the court’s duty to ensure fair justice. It also emphasized the necessity of protecting trial participants from threats, intimidation, and harassment.

Trump has violated the court order 10 times, prompting Merchan to warn him about the possibility of imprisonment for any future breaches. The latest violation involved Trump questioning the political makeup of the jury.

Trump’s attorney, Todd Blanche, had requested a modification to the ban, allowing Trump to respond publicly to recent testimony from Stormy Daniels. Daniels, an adult film actress, received $130,000 in 2016 to remain silent about an alleged sexual encounter with Trump, which he denies.

Justice Merchan denied Blanche’s appeal, citing the necessity of the gag order due to the nature of Trump’s public comments. Merchan remarked, “Your client’s track record speaks for itself.”

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