Trump must comply with gag order in New York after appeal dismissed

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Former President Donald Trump appears for his hush money trial at Manhattan Criminal Court in May 2024 in New York City. / Pool/Getty Images

New York’s appeals court is keeping in place a limited gag order on former President Donald Trump, striking down his latest attempt to get the order lifted.

The gag order, put in place by New York's Judge Juan Merchan, prevents the current Republican presidential nominee from speaking about court staff, prosecutors or their families. Merchan had previously said the order would be lifted after Trump is sentenced. Last week, Merchan pushed that sentencing off to Nov. 26, after the election.

In May, Trump became the first sitting or former president to be tried and convicted of felony charges. Merchan originally put in place a broader gag order that prevented Trump from also speaking about witnesses and jurors during the trial. That part of the order has since been lifted, with some limitations for juror protection.

Trump and his lawyers had requested he be allowed to speak more directly about the case in order to campaign against Vice President Harris. Trump’s lawyers have claimed the gag order prohibits him from responding to attacks about his criminal record from Harris.

The current gag order does not prevent Trump from speaking about Merchan or Manhattan District Attorney Alvin Bragg, who brought the indictment.

Trump has spent his time on the campaign trail arguing, without evidence, that the trial and conviction were politically motivated. Speaking at rallies across the country, he has criticized prosecutors, as well as Democratic judges like Merchan who have overseen his various lawsuits and those who have prosecuted him.

Last month, an appeals panel of the state Supreme Court also upheld the remainder of the gag order, which Trump then appealed to the New York Court of Appeals. Judges in that panel said that since the criminal process is ongoing, the narrow gag order should still remain in place and that “threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat.”