The attorneys for former President Donald Trump are going to appeal the decision to impose a gag order on their client in the case involving their client and alleged hush money payments made to adult movie star Stormy Daniels.

The team filed an appeal with the New York Court of Appeals on Wednesday to have the gag order issued by Judge Juan Merchan eliminated, Newsweek reported.

“President Trump has filed a notice to appeal the unconstitutional and un-American gag order imposed by conflicted Judge Juan Merchan in the lawless Manhattan DA case,” Steven Cheung, a Trump presidential campaign spokesperson, said.

“The threat to throw the 45th President of the United States and the leading candidate in the 2024 presidential election in jail for exercising his First Amendment rights is a Third World authoritarian tactic typical of crooked Joe Biden and his comrades,” he said.

A lower appeals court struck down the former president’s attempts to have the gag order eliminated.

“We find that Justice Merchan properly weighed petitioner’s First Amendment Rights against the court’s historical commitment to ensuring the fair administration of justice in criminal cases, and the right of persons related or tangentially related to the criminal proceedings from being free from threats, intimidation, harassment, and harm,” the appeals court said.

The judge presiding over Donald Trump’s hush money trial in Manhattan threatened to jail the former president for repeated violations of a very restrictive gag order that does not apply to many of the witnesses in the case.

Judge Juan Merchan, a known donor to Democratic candidates, cited new examples of Trump violating the order after he fined the 45th president $9,000 last week for similar violations. “Merchan warned Trump that continued violations of the order could result in incarceration — a threat he made again on Monday after fining him the maximum of $1,000 for the most recent violation,” NBC News reported.

“It appears that the $1,000 fines are not serving as a deterrent,” Merchan said during early proceedings on Monday.

“The last thing I want to do is to put you in jail. You are the former president of the United States and possibly the next president as well. There are many reasons why incarceration is truly a last resort for you,” he continued, adding that taking that step would be “disruptive to the proceedings.”

However, Merchan warned Trump that “his continued willful violations of this court’s orders threaten the administration of justice and constitute a direct attack on the rule of law. I cannot allow that to continue.”