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MATTER OF TRUMP v. MERCHAN

Ind. No. 71543/23, Appeal Nos. 2382&M-2024-01976, Case No. 2024-02369.

2024 NY Slip Op 02680

IN THE MATTER OF DONALD J. TRUMP, Petitioner, v. THE HONORABLE JUAN M. MERCHAN ETC., ET AL., Respondents. CONSTITUTIONAL SCHOLARS, ETHICS EXPERTS, AND FORMER PUBLIC OFFICIALS; DONALD AYER, TY COBB, TOM COLEMAN, BRIAN FROSH, STEPHEN GILLERS, BARBARA S. GILLERS, PHILIP LACOVARA, FREDERICK LAWRENCE, JOHN McKAY, ALAN CHARLES RAUL, NICHOLAS ROSTOW, CLAUDINE SCHNEIDER, LAURENCE H. TRIBE, OLIVIA TROYE, STANLEY TWARDY, SHAN WU, AND ELLEN YAROSHEFSKY, AMICI CURIAE.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 14, 2024.

Attorney(s) appearing for the Case

Blanche Law PLLC, New York ( Todd Blanche of counsel), for petitioner.

David Nocenti , Office of Court Administration, New York ( Lisa Evans of counsel), for Juan M. Merchan, respondent.

Alvin L. Bragg, Jr. , District Attorney, New York ( Philip V. Tisne of counsel), for Alvin L. Bragg, Jr., respondent.

Kaplan Hecker & Fink LLP, New York ( Joseph Posimato of counsel), and Kaplan Hecker & Fink, Washington DC ( Joshua Matz of counsel), for amici curiae.

Before: Singh, J.P., Kennedy, Rodriguez, Pitt-Burke, Michael, JJ.

Petition pursuant to CPLR 7803 challenging the orders of Supreme Court, New York County (Juan M. Merchan, J.), entered March 26, 2024 (the Original Restraining Order) and amended on or about April 1, 2024 (the Amended Restraining Order, and together with the Original Restraining Order, the Restraining Order), which, to the extent challenged by petitioner, (1) prohibited him from responding to purported "attacks" by two witnesses, Michael Cohen and Stephanie Clifford (a/k...

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