纽约上诉法院驳回特朗普的禁言令挑战
New York Appeals Court Rejects Trump's Gag Order Challenge

原始链接: https://www.zerohedge.com/political/new-york-appeals-court-rejects-trumps-gag-order-challenge

纽约州上诉法院拒绝解除对美国前总统唐纳德·特朗普的禁言令,特朗普于 5 月份被判犯有 34 项与伪造商业记录相关的重罪。 该裁决维持了法官胡安·梅尔尚 (Juan Merchan) 3 月份的先前命令,使禁言令一直有效,直到特朗普 9 月份宣判为止。 法院认为,由于参与者在审判后面临潜在的风险和危险,因此在量刑阶段保密是必要的。 上诉司根据判决后对 DA 工作人员持续受到的威胁证明了这一决定的合理性。 该决定仍然限制特朗普讨论证人、陪审员、起诉团队、法庭工作人员、他们的家人,以及地方检察官阿尔文·布拉格和默尚法官本人的家人,但有关证人的评论除外。 默查法官此前于 8 月 6 日放宽了一些限制,允许特朗普就证人和陪审员问题自由发表言论,同时继续禁止涉及法庭雇员、地方检察官及其亲属的讨论,直至量刑结束。 作为对最近裁决的回应,纽约州上诉法院得出结论认为,尽管审判已结束并已做出调查结果,但默查通过限制性保护信息采取了合理的行动。 与此同时,这位前总统因违反禁言令而面临 10,000 美元的罚款,如果进一步违规,可能会受到监禁警告。 法院拒绝的完整理由可以在 8 月 1 日发布的官方命令中找到。 在量刑完成之前,任何一方仍可进一步尝试修改禁言令。 截至发稿时,特朗普代表尚未发表新评论。

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原文

Authored by Tom Ozimek via The Epoch Times,

A New York state appeals court has denied former President Donald Trump’s request to lift a gag order imposed in his business records falsification case, with the order remaining in place until the former president’s sentencing.

The Appellate Division, First Department issued an opinion on Aug. 1, stating that it had reviewed Trump’s challenge to the gag order, which was imposed in March by New York Supreme Court Justice Juan Merchan, but opted to keep it in place until Trump’s sentencing in September.

A jury found the former president guilty in May on 34 felony counts of falsifying business records.

The court reasoned that the sentencing phase is a critical part of the criminal process and the gag order is needed to protect the individuals involved from potential threats, intimidation, or harassment. The judges wrote that maintaining the gag order was within their authority given the fact that there were ongoing threats after the jury returned a guilty verdict.

“Contrary to petitioner’s contentions, the People’s evidentiary submissions in opposition to his motion in Supreme Court demonstrate that threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat,” the judges wrote in the order, rejecting Trump counsel’s argument that the trial’s conclusion was a significant change in the circumstances.

Merchan terminated parts of the gag order on June 25, adding that the rest will expire once sentencing is complete. The judge freed Trump to comment about witnesses and jurors but kept trial prosecutors as well as court staffers and their families off limits until sentencing.

The judge broke the original gag order down into three categories: statements about witnesses; statements about jurors; and statements about court staff and counsel, which was later extended to include family members of Manhattan District Attorney Alvin Bragg and Merchan, but not the judge and district attorney themselves.

“Circumstances have now changed. The trial portion of these proceedings ended when the verdict was rendered, and the jury discharged,” Merchan wrote, terminating parts of the gag order.

The New York state appeals court stated in its Aug. 1 order that it found Merchan’s decision to keep parts of the order in place to be reasonable.

“Since the underlying criminal action remains pending, Justice Merchan did not act in excess of jurisdiction by maintaining the narrowly tailored protections in paragraph (b) of the Restraining order,” they wrote.

A request for comment sent to Trump’s spokesperson and legal team were not immediately returned.

During the trial, Merchan fined the former president $10,000 for what he said were violations of the gag order. He also warned the former president that he might have to jail him if he continued to violate the order.

Trump and his attorneys repeatedly asked Merchan and other courts to terminate the gag order, arguing that it violated his constitutional right to free speech.

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