Lawyers representing Donald Trump have asked a New York appeals court to decide on their challenge against the gag order that restricts what the former president can say about witnesses involved in the criminal hush money trial, according to sources familiar with the matter.
Trump’s legal team submitted an order to show cause on Wednesday, but the details of this filing are sealed. The Manhattan District Attorney’s office has reportedly opposed the request, as indicated by the court docket.
The former president’s lawyers are pushing for the entire panel of appellate judges to determine whether the gag order is constitutional, sources say.
Earlier, Trump’s lawyers had asked a judge in the appeals court for emergency action to halt the trial to allow time to appeal the gag order. However, after hearing arguments from both sides, the judge denied the request and instructed them to submit written briefs. A final decision has not yet been made.
Now, Trump’s legal team is asking the appellate panel to quickly rule on the constitutionality of the gag order.
Judge Juan Merchan, who is overseeing the trial, has found Trump to have violated the gag order on 10 occasions and fined him $10,000 for his public comments about certain witnesses and the jury. This week, the judge warned Trump that any further violations could lead to incarceration, stating that the fines did not seem to be an effective deterrent and that these breaches could undermine the rule of law.
