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Donald Trump has lost one of two legal efforts to terminate a gag order imposed on the former president during his “hush-money” trial in New York on accounting fraud charges.
On Tuesday, New York’s state supreme court said it declined to hear Trump’s appeal against the gag order in the case involving Stormy Daniels that led to his conviction on 34 felonies, asserting that “no substantial constitutional question is directly involved”.
Trump’s lawyers had argued that the case presents “substantial constitutional questions of the highest importance”, in part because it includes no post-decision termination date
“This gag order restricts President Trump’s core political speech on matters of central importance at the height of his presidential campaign … and thus it violates the fundamental right of every American voter to hear from … [a] candidate for president on matters of enormous public importance,” his attorneys wrote.
Related: Trump lawyers and prosecutors at odds over lifting gag order before sentencing
New York prosecutors opposed the appeal, urging the court to dismiss it, citing Trump’s “well-documented history of leveling threatening, inflammatory, and denigrating remarks against trial participants”.
The gag order – imposed by the trial judge, Juan Merchan, after Trump lashed out at court staff and prosecutor’s witnesses, including his former lawyer and fixer Michael Cohen – remains in effect.
