Opinion | The author's opinion does not necessarily reflect Sarah Palin's view.
Former President Donald Trump faces a gag order preventing him from freely discussing his trial proceedings, even as the first presidential debate approaches.
New York’s highest court declined to take up Trump’s appeal, maintaining the gag order until sentencing on July 11.
Legal experts criticized the move, suggesting it infringes on Trump’s civil rights and hampers his ability to address important issues, especially as Biden plans to emphasize Trump’s legal issues in the election.
“This really goes right to the heart not only of Donald Trump’s First Amendment rights, but the rights of the American people to hear from the candidates running for president,” former federal prosecutor Jonathan Fahey said.
“Biden is going to talk about it, and Trump has to walk on eggshells to make sure he doesn’t offend the judge,” he added.
Trump’s lawyers noted that the “concerns articulated by the government and the Court do not justify restrictions on the First Amendment rights of President Trump.”
“It is entirely uncommon for a court to keep a gag order imposed post-conviction,” former federal prosecutor Katie Cherkasky said. She noted it is “possible that the New York courts could even extend the gag order post-conviction as a condition of probation post-sentencing, though not likely.”
“The federal suit could allege that the gag order (to say nothing of the prosecution itself) is facially unlawful and mere pretext, part of a conspiracy between, e.g., the Biden Administration, Bragg, and Merchan, among others, to silence Mr. Trump and harm his presidential campaign through deceit and abuse of the State’s criminal legal process,” America First Legal Senior Vice President Reed D. Rubinstein said. “Such conduct arguably violates Mr. Trump’s civil rights and, based on Jack Smith’s indictment of the former President in the U.S. District Court for the District of Columbia, seems to be improper and illegal election interference.”
“The facts indicate that Biden, Bragg, et al., in design and effect, have conspired to use a state criminal court to interfere with Americans’ right to vote for the candidate of their choice,” Rubinstein continued. “The fact that the gag order could well affect Mr. Trump’s ability to speak during the first debate highlights its absurdity.”
Options for Trump include appealing to the Supreme Court or filing a federal lawsuit challenging the gag order’s legitimacy, with concerns raised about potential election interference and silencing tactics.
