With Joe Biden out of the race, Donald Trump, 78, is now the oldest candidate by far
Trump's legal team is also attempting to have Judge Merchan recuse himself from the case AFP

A New York appellate court on Thursday upheld the gag order on former President Donald Trump, restricting what he can say about his hush money criminal case.

The court rejected Trump's argument that the restrictions are unfair, especially in light of Vice President Kamala Harris positioning herself as an opponent against a "convicted felon," Associated Press reported.

The appellate court's five-judge panel agreed with the trial judge, Juan M. Merchan, that the gag order should remain in place until Trump's sentencing, noting that the fair administration of justice includes the sentencing process.

The gag order prevents Trump from speaking about the prosecution team, court staff, and their families, but he can still comment on Judge Merchan and Manhattan District Attorney Alvin Bragg.

Trump's legal team is also attempting to have Judge Merchan recuse himself from the case, citing his daughter's work for Harris' 2020 presidential campaign as a potential conflict of interest.

Judge Merchan has previously denied similar requests, labeling the defense's concerns as hypothetical and speculative.

House Judiciary Committee Chairman Jim Jordan has demanded documents from Loren Merchan, Judge Merchan's daughter, related to her work for Harris' campaign and any communications about Trump's prosecution.

Judge Merchan plans to rule on September 6 regarding a defense request to dismiss Trump's conviction, based on the Supreme Court's presidential immunity ruling. If upheld, Trump would not be sentenced until September 18.

The appellate court's ruling came a day after Trump's lawyer, Todd Blanche, filed papers claiming the gag order was an "unconstitutional, election-interfering" restraint on Trump's free speech.

Blanche argued that Harris' entry into the presidential race heightened the urgency of lifting the gag order. He added that it was unjust for her to speak freely about the case while Trump could not.

Trump's defense has also revived complaints about prosecutor Matthew Colangelo, arguing he is biased due to his previous role as a Justice Department official under President Biden. However, Trump is unable to personally air these grievances because of the gag order.

Trump's conviction, on 34 felony counts of falsifying business records, stems from allegations of a hush money payment to adult film actress Stormy Daniels to silence claims of an affair before the 2016 election.

Trump denies the affair and has pledged to appeal his conviction once sentenced.