BREAKING: New York court denies Trump appeal of gag order in NYC trial

"We decline to exercise our discretion or to grant the relief that petitioner seeks here."

Hannah Nightingale Washington DC

A New York appeals court has denied Trump’s appeal of the gag order placed on him by Judge Juan Merchan, who is overseeing DA Alvin Bragg’s falsified business records case against Trump.

"We decline to exercise our discretion or to grant the relief that petitioner seeks here," the Supreme Court of the State of New York Appellate Division, First Judicial Department wrote in its ruling.

"Petitioner brings this petition because he disagrees with where the circuit court drew the line in balancing the competing considerations of his First Amendment rights to free expression and the effective functioning of the judicial, prosecutorial and defense processes," the court stated. 

"Weighing these concerns, the circuit court ultimately concluded that, given the record, the court had 'a duty to act proactively to prevent the creation of an atmosphere of fear or intimidation aimed at preventing trial participants and staff from performing their functions within the trial process.'"

"This Court adopts the reasoning in the circuit court’s Federal Restraining Order Decision."

The ruling concluded, "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."

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