A New York judge has imposed a gag order on Donald Trump. This limits the former president from making statements about potential witnesses in the criminal trial relating to hush money payments. Judge Juan Merchan also said that Trump can’t make statements about attorneys, court staff, or the family members of prosecutors or lawyers intended to interfere with the case.
Merchan wrote that the former president has a history of making “threatening, inflammatory, denigrating” statements against people at all levels of the justice system, including jurors. The ruling will prevent Trump from criticizing his former attorney, Michael Cohen.
Also, adult film star Stormy Daniels is to be a witness at the trial. The order does not prevent Trump from talking about New York District Attorney Alvin Bragg, who is a public figure, or Merchan himself. Here’s all we know about the case, which will become the first criminal trial against a former President.
What Led to the Gag Order?
The gag order comes as Trump has repeatedly attacked the district attorney’s case and everyone involved ahead of what would be the first criminal trial of a former president. In the hours before Merchan issued his order, Trump criticized Merchan, his daughter, and one of Bragg’s prosecutors.
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“The uncontested record reflecting the Defendant’s prior extrajudicial statements establishes a sufficient risk to the administration of justice. However, there exists no less restrictive means to prevent such risk,” Merchan wrote Tuesday.
The Beginning of the Trial
Trump’s historic criminal trial will begin with jury selection on April 15, 2024. However, a dispute over the late production of documents caused Merchan to initially push back the start date. Trump is charged with 34 counts of falsifying business records stemming from reimbursements to Cohen.
Also, for hush money payments he made before the 2016 election to Adult film actress Stormy Daniels to keep her from going public about an alleged affair with Trump. The former president has pleaded not guilty and denied the affair.
According to reports, the district attorney’s office requested that the gag order remain in place for the duration of the trial. Trump and his attorneys have argued that, as the leading Republican candidate for president, Trump’s speech should not be restricted as he appeals to voters in the 2024 election.
“Judge Merchan’s unconstitutional Gag Order prevents President Trump,” Trump campaign spokesman Steven Cheung said in a statement. “From engaging in core political speech.” Cheung added, “American voters have a fundamental right to hear the uncensored voice of the leading candidate for the highest office in the land.”
Merchan Said Trump’s Statements Have Been “Threatening, Inflammatory, Denigrating,” Leading to the Gag Order
Judges in Trump’s other criminal and civil cases have issued similar gag orders. It includes the New York civil fraud trial and the federal election subversion case in Washington, DC. In the civil fraud case last fall, Trump was twice fined for violating Judge Arthur Engoron’s gag order and making comments about the judge’s staff.
Merchan said he reviewed Trump’s public statements in his other cases as he decided whether to impose restrictions. “These extrajudicial statements went far beyond defending himself against ‘attacks’ by ‘public figures,’” Merchan wrote.
“Indeed, his statements were threatening, inflammatory, and denigrating, and the targets of his statements ranged from local and federal officials to court staff, prosecutors and staff assigned to the cases, and private individuals, including grand jurors performing their civic duty,” the judge wrote.
Merchan said he felt he had to go further than a previous order preventing the public release of jurors’ names and identifying information.
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“The protective order related to juror anonymity prevents the dissemination of certain personal information,” the judge wrote. “It is not sufficient to prevent extrajudicial speech targeting jurors and exposing them to an atmosphere of intimidation.”
Merchan Watched Trump’s News Conference
Trump attended Monday’s pre-trial hearing, where Merchan swiftly rejected the motion seeking sanctions against the district attorney’s office, setting the trial date for April 15.
Afterward, Trump went to his 40 Wall Street building nearby, speaking to reporters to attack the case against him. Hence, the judge noted that Trump’s statements in his cases had led to “not only fear on the part of the individual targeted but also the assignment of increased security resources to investigate threats and protect the individuals and family members thereof.”
“Such inflammatory extrajudicial statements undoubtedly risk impeding the orderly administration of this Court,” Merchan wrote.
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