Former President Donald Trump on Thursday announced his latest plans to fight the “unconstitutional” gag order against him in his New York criminal hush money case as he seeks to contest fines he has incurred for previous violations.
“I just want to let you know that we’ve just filed a major motion in the appellate division concerning the absolutely unconstitutional gag order, where I’m essentially not allowed to talk to you about anything meaningful that’s going on in the case,” Trump told reporters in the hallway outside his trial before testimony resumed from porn star Stormy Daniels.
Trump is under a gag order that prevents him from making or directing others to make public statements about witnesses and court staff members, district attorney staff members, or their family members. Judge Juan Merchan, who is presiding over the case, has ruled Trump violated the order 10 times, resulting in $10,000 in fines and threats of jail time if he continues to violate the order.
On Wednesday, Trump’s legal team filed an order to show cause, which has been sealed. That motion asked the appeals court to explain its reasoning for either granting or rejecting his challenge to the gag order. The office of Manhattan District Attorney Alvin Bragg, the elected Democrat who brought the 34-count hush money case against Trump, opposed the filing, according to CNN.
Trump’s defense team is urging a full panel of appellate judges to rule on the constitutionality of the gag order on an expedited basis or, alternatively, grant them permission to appeal directly to the state’s highest court, which is the New York Court of Appeals.
Before the trial began last month, Trump’s lawyers asked an appeals court judge to take emergency action to cease the trial so they could appeal the gag order. After hearing oral argument, the appeals court judge denied the request, and both sides were ordered to file written briefs. No decision was issued.
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The latest request from Trump is asking for the appellate division to move expeditiously on whether the gag order is constitutional.
Meanwhile, Trump attorney Todd Blanche indicated last week that the former president will challenge the recent fees imposed for violating the gag order, taking specific aim at violations that involved Trump merely reposting another person’s posts about the trial.