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A New York appeals court has denied former President Donald Trump's appeal to lift a partial gag order in his criminal case related to hush money payments. Trump was convicted in May on 34 counts of falsifying business records concerning a payment to porn star Stormy Daniels during the 2016 campaign. Trump had argued that the gag order was unnecessary and should be dismissed following his conviction. However, a five-judge panel of the state Appellate Division disagreed, supporting a ruling by Judge Juan Merchan that the order should remain in place until sentencing, which the judges called “a critical stage of the criminal proceeding,” or until the case is otherwise disposed of.
Merchan had lifted some of the gag order's restrictions in June, allowing Trump to comment on witnesses who testified against him in the trial. However, he left in place part of the order barring Trump from criticizing court staff members, individual prosecutors, and “family members of any counsel, staff member, the Court or the District Attorney.”
The appeals court ruling noted that the District Attorney had submitted evidence showing that "threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat," and they rejected arguments from Trump's attorneys that the judge had violated his right to free speech.
Trump is tentatively scheduled to be sentenced on September 18. The sentencing was originally scheduled for July 11, but Merchan postponed the date to consider arguments from Trump's lawyers that the Supreme Court’s decision on presidential immunity in a federal criminal case against their client should result in a new trial or the outright dismissal of the charges.