Lawyers representing Donald Trump made a bold and unprecedented request in the hush-money case on Friday. They are seeking affirmation from state Supreme Court Justice Juan Merchan that the recent gag order issued on Tuesday does not restrict Trump from expressing his opinions and verbally criticizing the judge’s progressive daughter.
In the two-page letter, Trump essentially poses a question to Merchan: Judge, can you inform prosecutors that it is acceptable for me to continue criticizing your daughter?
On Tuesday, Trump wasted no time and quickly turned to Truth Social to launch an attack against both the judge and his daughter, Loren Merchan, who happens to be a Democratic political consultant.
The GOP frontrunner expressed his frustration, stating that the judge’s daughter had recently shared a picture of him behind bars, seemingly with the intention to mock him. However, it was later revealed that the social media account responsible for this post was actually a hoax.
Prosecutors expressed their anger on Thursday and conveyed their dissatisfaction to the judge in a written letter. They condemned Trump’s relentless attacks on Loren Merchan as “contumacious,” indicating a deliberate defiance of authority.
In a motion filed by prosecutors, they have requested the judge to “clarify or confirm” that the gag order issued on Tuesday provides protection for the family members of the Court, the District Attorney, and all other individuals mentioned in the Order.
The motion, if approved, would request the judge to instruct the defendant to immediately stop attacking family members.
According to prosecutor Joshua Steinglass, if Trump continues with his “invective,” it could potentially make trial witnesses and prospective jurors fear similar attacks.
According to Steinglass, the fear of potential witnesses is not just a theoretical concern. As the trial preparations progress, numerous individuals who could potentially testify have already conveyed serious apprehensions to the prosecution. These individuals are worried about their own safety as well as the safety of their family members if they were to appear as witnesses against the defendant.
In response to the situation, Trump’s legal team issued a statement on Friday, reaffirming his position to criticize Loren Merchan. They also argued that the existing gag order explicitly permits discussions regarding the judge’s family.
“There is no need for any “clarification”,” Trump responded in a letter dated Friday, which was signed by his two main hush-money attorneys, Susan Necheles and Todd Blanche.
The letter stated that the Court cannot “direct” President Trump to do something that the gag order does not require, contrary to what the People suggested.
The gag order restricts individuals from making statements about witnesses, jurors, trial prosecutors, and court staff, as well as the families of the prosecutors and court staff. However, it does not prohibit individuals from talking about the judge or the judge’s family members in relation to the court.
The gag order applies to the statements made about the staff members of District Attorney Alvin Bragg and their families. However, it does not explicitly extend to the protection of Bragg himself or his family members.
According to the defense, if Merchan were to confirm that his own family members are included in the coverage, as the prosecutors expect, it would actually be an expansion of the gag order rather than a clarification.
Inviting lengthy arguments over First Amendment constraints against prior restraint of speech, the defense threatened that it would open a whole new legal can of worms.
In their defense letter, they emphasized the importance of allowing full adversarial briefing if the Court intends to explore the possibility of expanding prior restraints. They acknowledged the sensitivities surrounding this issue and stressed the need for a thorough and comprehensive discussion.
The defense argued that providing such briefing is particularly important because Merchan’s daughter is actively supporting the campaign speeches of President Trump’s political opponents.
Loren Merchan is a key figure in the operations of the progressive consulting firm Authentic Campaigns, based in Chicago. This renowned firm has successfully managed campaigns for prominent politicians who were rivals of former President Trump. Some notable figures they have worked with include President Biden, Vice President Harris, House Minority Leader Hakeem Jeffries, and California Governor Gavin Newsom.
The ball is now in Merchan’s court, so to speak, as the next step in the battle over Trump’s hush-money gag order unfolds.
As the trial start date of April 15 approaches, Merchan faces a crucial decision: whether to prioritize the protection of his daughter or to avoid getting tangled in a potentially lengthy “prior restraint” battle.
Alternatively, the judge has the option to broaden or provide more details about the gag order in order to safeguard the privacy of family members. In addition, the judge can also reject any subsequent motions related to this matter.
There is uncertainty surrounding when or if he will agree to prosecutors’ request for a complete exchange of motions regarding the need for a “clarification” of the gag.
