On Thursday, the New York State Court of Appeals dismissed former President Donald Trump’s appeal of a gag order in his criminal case involving the falsifying of business documents.
The court found on Thursday “no substantial constitutional question is directly involved,” and declined to hear Trump’s arguement which had already been rejected by lower courts.
Retired New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Friday that he disagreed with the court’s decision and said, “It’s the most profound constitutional issue of our day.”
Napolitano noted that all seven of the members of the court voted in favor of not hearing Trump’s appeal.
“The highest court in the state decided not to hear the appeal of his gag order. Are you ready for this? Because in their opinion it does not raise a constitutional issue — does not raise a constitutional issue! It is the most profound constitutional issue of our day, whether judges can silence people from being critical of the system outside the courtroom, and they refuse to hear the appeal,” Napolitano said during an appearance on “Carl Higbie FRONTLINE.”
Napolitano said that even though Trump’s trial “was over five months ago the gag order still applies.”
“There was no hearing, no oral argument. And the only reason given, which is a head scratcher, is that there’s no constitutional issue involved. Even though a high school student could articulate the constitutional issue involved. So President Trump will proceed throughout the campaign unable to speak his mind about Michael Cohen and the others who testified against him in that case,” Napolitano concluded.
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