A gag order has been issued by a New York judge on Tuesday, prohibiting Donald Trump from making any public comments regarding witnesses, prosecutors, court staff, and jurors in his forthcoming hush-money criminal trial. This decision comes as a result of the former president’s track record of making “threatening, inflammatory, and denigrating” remarks about individuals involved in his legal proceedings.
Judge Juan M. Merchan has made a decision that echoes a gag order in Trump’s Washington, D.C., election interference criminal case. The decision comes after he rejected the defense’s request to postpone the Manhattan trial until summer. Instead, he ordered the trial to begin on April 15. If the date remains unchanged, it will mark the first criminal trial of a former president.
In a four-page decision, Judge Merchan acknowledged the imminent risk of harm as the trial approached and granted the prosecution’s request for a “narrowly tailored” gag order.
According to the judge, the statements made by the presumptive Republican presidential nominee have caused fear and have made it necessary to increase security measures in order to protect the individuals he targeted and to investigate any threats made against them.
Trump’s lawyers strongly opposed the imposition of a gag order, arguing that it would infringe upon his constitutional right to free speech. They contended that such a restriction would be both unconstitutional and unlawful as it would restrain his ability to freely express himself. On the other hand, Merchan, who had previously shown reluctance in implementing a gag order, emphasized the importance of upholding the trial’s integrity and believed that this responsibility outweighed any potential First Amendment concerns.
In a recent court filing, President Trump’s lawyers, Todd Blanche and Susan Necheles, expressed their belief that his political opponents will continue to criticize him based on this case. They emphasized that the voters have the right to hear President Trump’s unrestricted responses to these attacks, rather than just one side of the debate.
The gag order prevents Trump from making or instructing others to make public statements regarding potential witnesses and jurors in the hush-money trial. It also prohibits any statements intended to interfere with or harass the court’s staff, prosecution team, or their families.
Comments about Merchan, whom Trump has previously labeled as a “Trump-hating judge” with a family full of “Trump haters,” as well as Manhattan District Attorney Alvin Bragg, an elected Democrat, are not prohibited. However, Trump has been warned that he cannot launch attacks against prominent individuals in the case, such as his former lawyer-turned-nemesis Michael Cohen or porn star Stormy Daniels. These actions will not be tolerated.
If Trump were to violate the court’s order, he could face serious consequences, including being held in contempt, receiving fines, or even being imprisoned.
“I am grateful to Judge Merchan for enforcing the gag order, as I have been facing constant attacks from Donald’s loyal MAGA supporters,” expressed Cohen, an important witness in the prosecution against Trump. “However, having known Donald extensively, I am aware that he will likely try to bypass the gag order by using individuals within his inner circle to carry out his wishes, without considering the potential consequences.”
Blanche chose not to provide a comment, and Bragg’s office also declined to comment. We reached out to Trump’s presidential campaign for their input, but have not received a response yet.
The inclusion of the gag order further enhances the current limitations that prevent Trump from utilizing evidence in the case to discredit witnesses.
The focus of Trump’s hush-money case revolves around the accusations that he deceitfully recorded payments to his personal lawyer, Cohen, as legal fees in his company’s financial records. These payments were actually intended for Cohen’s efforts to suppress negative stories about Trump during the 2016 campaign. Among these payments was the $130,000 payment made to Daniels on Trump’s behalf, aimed at preventing her from disclosing her alleged sexual encounter with him from years ago.
Donald Trump entered a plea of not guilty in April of last year to 34 charges of falsifying business records. This felony offense carries a maximum prison sentence of four years, although it is uncertain whether a conviction would lead to incarceration. Trump vehemently denies engaging in any sexual activity with Daniels and his legal team maintains that the payments made to Cohen were legitimate legal expenses, devoid of any coverup intentions.
During his arraignment, Merchan cautioned Trump against making any statements that could potentially incite violence or put safety at risk. However, he did not go as far as silencing him. In a later hearing, Merchan acknowledged Trump’s unique position as a former president and current candidate, expressing his willingness to go to great lengths to ensure that Trump is given every opportunity to promote his candidacy and speak in support of it.
As the jury selection draws closer, Merchan has become more cautious of the potential disruption caused by Trump’s rhetoric during this landmark trial. In a recent ruling, Merchan decided to keep the identities of the jurors confidential, ensuring their privacy. While Trump will still have access to this information, he must refrain from disclosing the names publicly or engaging in any behavior that could harass or disrupt the jurors. Failure to comply with these guidelines may result in Trump forfeiting his access, as it would pose a threat to the safety and integrity of the jurors.
Now, under the gag order, Merchan is prohibiting Trump from targeting numerous individuals involved in the case through his social media outbursts, courtroom rants, and campaign rallies. It had become customary for Trump to complain to television cameras as he entered and exited the courtroom during his civil fraud trial in New York last year.
During a press conference following Monday’s hearing, Trump launched a scathing attack on prosecutor Matthew Colangelo, labeling him as a “radical left from DOJ” who was appointed by Biden and his supporters to oversee the Trump case. Judge Merchan took note of these remarks and referenced them in his ruling.
Trump has been consistently expressing his anger and frustration regarding the hush-money case. On social media, he issued a warning about the potential consequences, even going as far as posting a photo of himself holding a baseball bat next to a picture of Bragg. Cohen, whom he referred to as a “convicted felon, disbarred lawyer, with zero credibility,” has been subject to his mockery, while Daniels has been given a derogatory nickname.
In January, a federal judge issued a stern warning to Trump during a civil trial involving writer E. Jean Carroll’s defamation claims against him. The judge heard Trump’s remarks, which included statements such as “it is a witch hunt” and “it really is a con job,” and cautioned him about his conduct in court.
