Former Harvard Law professor Alan Dershowitz called on Fox News on Friday to file a lawsuit against New York state, arguing that voters have a right to a “full and thorough debate” after the state's Supreme Court upheld a gag order against former President Donald Trump.
Dershowitz appeared on “Hannity” to discuss the gag order placed on Trump by Manhattan District Attorney Alvin Bragg during his trial in New York. Fox host Sean Hannity asked the law professor for his thoughts on the issue, which would prevent Trump from speaking about certain topics if asked during the June 27, 2024 presidential debate with Joe Biden. (Related: New York Supreme Court declines to hear President Trump's appeal to lift censorship)
“good [Trump’s legal team has] There's an article in tonight's Wall Street Journal that appeals to people like us. [to] “We are filing a lawsuit against New York. After all, we have a right to have Donald Trump heard in the election. This gag order is saying that Joe Biden can accuse Donald Trump of being a felon who was convicted by an unfair jury.” [and] “It's an unjust conviction for something that wasn't a crime,” Dershowitz said.
“He has the right to do so, but Donald Trump has one hand tied, because he can't respond fully. He can't talk about the judge's daughter, he can't talk about the unfairness of the jury. Maybe even the district attorney is now saying, 'Well, maybe I can talk about the witnesses.' But the First Amendment applies not just to Donald Trump, the speaker, but to all of us, the viewers and the audience. We have a right to hear the full and complete argument, not a partial argument that limits what Trump can say.”
“So I hope that this gag order will be appealed by Trump's lawyers and that an amicus brief will be filed by the public saying, 'Look, you're taking away our right to be heard. We haven't decided, we don't know who we're going to vote for. We may be affected by this vile, unjust conviction. We want to hear the other side,'” Dershowitz said. “That's why it's so important that the gag order is lifted at this point — not just for Donald Trump, not just for the Republican Party, but for all Americans, especially undecided voters who have a right to hear both sides of this issue.”
Following an appeal by the Trump campaign seeking to lift a ban on Trump from speaking out of court issued by Judge Juan Marchan, the U.S. Court of Appeals, New York's highest court, refused on Tuesday to lift the order, finding that “no significant constitutional issue is directly involved.”
A jury found Trump guilty of all 34 felony counts related to falsifying business records in connection with confidentiality payments to porn star Stormy Daniels on May 30, 2024. During the trial, Marchand issued a gag order to the former president and later fined him $10,000 for violating the order 10 times, threatening further prison time.
