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An indefinite delay came with a denial of stay as the Supreme Court determined how to handle the gag order on President-elect Donald Trump.

Following Trump’s Election Night victory, the lawfare that had been waged against him throughout much of his campaign began to rapidly retreat. While Special Counsel Jack Smith dropped his federal cases against the president-elect and his sentencing for his New York conviction had been put off, the gag order imposed by Judge Juan Merchan would be sticking around for the foreseeable future.

The order list released by the Supreme Court Monday regarding pending cases led off with a determination from Justice Samuel Alito in Good Lawgic, LLC, et al. v. Merchan that stated without comment, “The application for stay addressed to Justice Alito and referred to the Court is denied.”

Marking the second time that the high court had upheld the gag order imposed on Trump this year regarding his “hush money” case, the decision meant that the president-elect was still prohibited from speaking about jurors, witnesses, prosecution, court staff, or their family members, but it did not prevent him from talking about Merchan or Manhattan District Attorney Alvin Bragg (D).

During the trial, the GOP leader’s failure to fully comply with the order found him confronted with fines and threats of jail time for future violations after the gag had been broadened over Trump’s commentary on the judge’s daughter, Loren Merchan.

As had been reported, the then-former president had highlighted how the judge and his family were “WELL KNOWN TRUMP HATERS” as the daughter was notably president and partner of the digital firm Authentic Campaigns which had worked on a number of Democratic Party campaigns, including that of President Joe Biden.

Meanwhile, the Supreme Court’s ruling on presidential immunity factored heavily in Merchan’s decision to suspend the case indefinitely while the prosecution and defense filed motions on how to proceed.

While Bragg’s office signaled their favor to wait until after Trump was out of office to proceed with sentencing, the president-elect’s attorneys filed a motion to dismiss that made note of Biden’s pardon of his own son, Hunter Biden.

“President Donald J. Trump respectfully submits this motion to dismiss the Indictment and vacate the jury’s verdicts… The Presidential immunity doctrine, the Presidential Transition Act, and the Supremacy Clause all require that result, and they require it immediately,” they wrote while turning to Biden’s assertion that his son had been “selectively, and unfairly, prosecuted.”

“This is the same DOJ that coordinated and oversaw the politically-motivated, election-interference witch hunts targeting President Trump by disgraced Special Counsel Jack Smith, the other biased prosecutors in Smith’s Special Counsel’s Office…and others. This is the same DOJ that sent Matthew Colangelo to DA Bragg to help unfairly target President Trump in this empty and lawless case,” the attorneys wrote. “Since DA Bragg took office, he has engaged in ‘precisely the type of political theater’ that President Biden condemned.”

Kevin Haggerty
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