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TRUMP’S SPEECH STIFLED UNTIL SENTENCING

MAY NOT MAKE COMMENTS ABOUT COURT PERSONNEL OR D.A.’S STAFF

After the New York County Supreme Court issued an order limiting Trump’s “ability to make certain public statements about court staff, the District Attorney's staff, and family members of the court, the District Attorney, and their staff, and extended this limitation through sentencing,” a special proceeding was brought before the Appellate Division, First Department, via CPLR 7803(2) (which provides relief when a court has exceeded its jurisdiction and powers).

Given that the criminal case against Trump was still pending, and will not end until there is the “imposition of sentence or some other final disposition,” and in light of the threats which were made to the District Attorney’s staff after the jury’s verdict, the AD1 did not think the judge exceeded his jurisdiction or power when he directed Trump to refrain from making “public statements about court staff, the District Attorney's staff, and family members of the court, the District Attorney, and their staff, and extended this limitation through sentencing.”

Given that no irregularity was found, and the importance that court personnel and DA’s staff be permitted “to perform their lawful duties free from threats, intimidation, harassment, and harm" at least until the matter was concluded, the AD1dismissed the administrative challenge and left the underlying order intact.

Mum’s the word?

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DECISION

Matter of Trump v Merchan

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