Former President Donald Trump lost his bid on Tuesday to challenge the gag order restricting him from speaking publicly about witnesses, jurors, or court staff in his New York criminal hush money trial.
Trump, the presumptive Republican to face off against President Joe Biden in November, has repeatedly critiqued the gag order as a violation of his First Amendment rights.

“You ask me questions, I’m not allowed to respond,” Trump told reporters Tuesday morning before entering the criminal court and before the appeals court ruling was issued. “The gag order has to come off.”
The appeal of the gag order was denied by New York’s First Department of the state Supreme Court’s Appellate Division. The court held that trial Judge Juan Merchan “properly weighed” Trump’s free speech rights “against the court’s historical commitment to ensuring the fair administration of justice in criminal cases.”
“Justice Merchan properly determined that petitioner’s public statements posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case as well,” the appeals court’s decision added.
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Before the trial began in late April, Merchan adjusted the gag order to include family members of prosecutors and of Merchan after Trump railed against the judge’s daughter for her work with a left-leaning firm that handles advertising for political opponents of Trump who have championed the indictment against him, such a Rep. Adam Schiff (R-CA).
Trump is facing $10,000 in fines after he was twice found in contempt for violating the gag order a total of 10 times. Trump is also challenging the fees he has already incurred during this trial.