Last week, Kaplan Hecker & Fink LLP filed an amicus brief in the NY Appellate Division, First Department on behalf of a bipartisan group of constitutional scholars, ethics experts, and former public officials in support of the State of New York’s defense of the gag order imposed against Donald Trump in People of The State Of New York v. Donald J. Trump.
The brief urges the First Department to uphold the trial court’s issuance of the gag order. The brief’s analysis directs the Court to a decision by the U.S. Court of Appeals for the District of Columbia upholding a gag order against Trump in a criminal case arising from Trump’s efforts to subvert the 2020 election. That opinion provided a thorough statement of the law that also applies to the gag order entered in this criminal case, which arises from Trump’s efforts to improperly influence the 2016 election. Applying the D.C. Circuit’s analysis, our brief argues that the trial court’s order is well justified and fully consistent with governing law. Trump’s criticism of the order and attempt to evade trial on that basis are meritless.
The filing, which can be read in full here, reflects the firm’s commitment to upholding the rule of law, protecting fundamental tenets of our democracy, and safeguarding the integrity of the criminal justice system.
The KHF team includes Joshua Matz and Joseph Posimato.
Amici include Donald Ayer: Deputy Attorney General under President Bush (1989-1990); Ty Cobb: Special Counsel to the President in the Trump Administration (2017-2018); Tom Coleman: Congressman from Missouri (1976-1993); Brian Frosh: Attorney General of Maryland (2015-2023); Stephen Gillers: Elihu Root Professor of Law Emeritus at NYU Law School; Barbara S. Gillers: Chair of the American Bar Association Standing Committee on Ethics and Professional Responsibility (2017-2020); Philip Lacovara: Counsel to the Special Prosecutor, Watergate Special Prosecutor’s Office (1973-1974); Frederick Lawrence: Distinguished Lecturer, Georgetown University Law Center; John McKay: U.S. Attorney for the Western District of Washington under President George W. Bush (2001-2007); Alan Charles Raul: Associate Counsel to the President (1986-1988); Nicholas Rostow: General Counsel and Senior Policy Adviser to the U.S. Permanent Representative to the United Nations, New York (2001-2005); Claudine Schneider: Member of the U.S. House of Representatives (R-RI) (1981-1991); Laurence H. Tribe: Carl M. Loeb University Professor of Constitutional Law Emeritus at Harvard University; Olivia Troye: Special Advisor (Homeland Security and Counterterrorism) to Vice President Mike Pence (2018-2020); Stanley Twardy: U.S. Attorney for the District of Connecticut (1985-1991); Shan Wu: Counsel to Attorney General Janet Reno (1999–2000); and Ellen Yaroshefsky: Howard Lichtenstein Distinguished Professor of Legal Ethics at Hofstra Law School.