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He argued that 'it violated his constitutional right to free
Posted on: June 20, 2024 at 12:52:45 CT
JeffB MU
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speech as the leading Republican presidential candidate'
In their appeal to the state Court of Appeals, the Trump attorneys argued that Judge Merchan’s order “restricts President Trump’s core political speech on matters of central importance” during the 2024 campaign.
“It violates the fundamental right of every American voter to hear from the leading candidate for President on matters of enormous public importance,” his attorneys wrote to the court.
Attorneys for Mr. Bragg’s office countered their arguments by urging the Court of Appeals to dismiss the former president’s appeal because he had made what they described as threatening and inflammatory comments about individuals connected to the trial.
A lower court in New York state similarly rejected former President Trump’s gag order appeal in mid-May, finding that Judge Merchan “properly determined that” the former president’s statements “posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case.”
The judge “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,” the ruling added.
After the trial ended, prosecutors wrote to Judge Merchan that his gag order should remain in effect because the court “has an obligation to protect the integrity of these proceedings and the fair administration of justice at least through the sentencing hearing and the resolution of any post-trial motions.”
Trump attorney Todd Blance wrote in a letter to the judge that because the trial is over, “concerns articulated by the government and the court do not justify continued restrictions on the First Amendment rights of President Trump—who remains the leading candidate in the 2024 presidential election—and the American people.”
“The defense does not concede that there was ever a valid basis for the gag order and reserves the right to challenge the irreparable First Amendment harms caused by the order,” Mr. Blanche added in a note.
After a jury found the former president guilty on May 31, the judge set his sentencing date for July 11, four days from the start of the Republican National Convention that will likely see former President Trump nominated by Republicans for the 2024 general election.
In a post-trial news conference, Mr. Bragg did not say whether his office would seek a prison term for the former president. There has been rampant speculation from prominent legal analysts that the judge will either not hand down a prison term or will issue a delayed sentence.
Former President Trump, who had pleaded not guilty to the charges, said that he would appeal the conviction. He has also called on the U.S. Supreme Court to intervene before the sentencing date.
In their appeal to the state Court of Appeals, the Trump attorneys argued that Judge Merchan’s order “restricts President Trump’s core political speech on matters of central importance” during the 2024 campaign.
“It violates the fundamental right of every American voter to hear from the leading candidate for President on matters of enormous public importance,” his attorneys wrote to the court.
Attorneys for Mr. Bragg’s office countered their arguments by urging the Court of Appeals to dismiss the former president’s appeal because he had made what they described as threatening and inflammatory comments about individuals connected to the trial.
A lower court in New York state similarly rejected former President Trump’s gag order appeal in mid-May, finding that Judge Merchan “properly determined that” the former president’s statements “posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case.”
The judge “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,” the ruling added.
After the trial ended, prosecutors wrote to Judge Merchan that his gag order should remain in effect because the court “has an obligation to protect the integrity of these proceedings and the fair administration of justice at least through the sentencing hearing and the resolution of any post-trial motions.”
Trump attorney Todd Blance wrote in a letter to the judge that because the trial is over, “concerns articulated by the government and the court do not justify continued restrictions on the First Amendment rights of President Trump—who remains the leading candidate in the 2024 presidential election—and the American people.”
“The defense does not concede that there was ever a valid basis for the gag order and reserves the right to challenge the irreparable First Amendment harms caused by the order,” Mr. Blanche added in a note.
After a jury found the former president guilty on May 31, the judge set his sentencing date for July 11, four days from the start of the Republican National Convention that will likely see former President Trump nominated by Republicans for the 2024 general election.
In a post-trial news conference, Mr. Bragg did not say whether his office would seek a prison term for the former president. There has been rampant speculation from prominent legal analysts that the judge will either not hand down a prison term or will issue a delayed sentence.
Former President Trump, who had pleaded not guilty to the charges, said that he would appeal the conviction. He has also called on the U.S. Supreme Court to intervene before the sentencing date.
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He argued that 'it violated his constitutional right to free - JeffB MU - 6/20 12:52:45