Left: Manhattan District Attorney Alvin Bragg walks in the hallway outside a courtroom where former President Donald Trump is attending a hearing in his criminal case on charges stemming from hush money paid to a porn star in New York, Monday, March 25, 2024. (Brendan McDermid/Pool Photo via AP)/Right: Former President Donald Trump speaks during news conference Monday, March 25, 2024, in New York. (AP Photo/Frank Franklin II)
With his upcoming criminal trial, the judge overseeing The People of New York v. Donald J. Trump has put restrictions on the former president, preventing him from attacking witnesses, prosecutors, and jurors. Donald J. Trump imposed a gag order on the former president, barring him from attacking witnesses, prosecutors, and jurors.
Manhattan Judge Juan Manuel Merchan, as Law&Crime previously reported, had warned Trump and his defense team earlier this month that with the likelihood of bribery, jury tampering or other physical injury and harassment, the imposition of a gag order was well within the realm of possibilities. previously reported, had warned Trump and his defense team earlier this month that with the likelihood of bribery, jury tampering or other physical injury and harassment, the imposition of a gag order was well within the realm of possibilities.
In Tuesday’s order, Merchan said he was left unconvinced these few weeks later that Trump could stop himself from making comments that would threaten the integrity of proceedings.
Trump’s claim that he should have the freedom to criticize public figures as the presumptive Republican nominee and leading candidate in the 2024 election is incorrect.
Merchan wrote:
Defendant contends that continued compliance with the existing orders, referencing both this Court’s admonition at the start of the proceedings and the recent protective order issued on March 7, 2024 with respect to juror anonymity is an effective and less restrictive alternative.
He supports the position by noting he has generally refrained from making extrajudicial statements about individuals associated with the instant case in marked contrast from the significant volume of social media posts and other statements targeting individuals involved in every other court proceeding reflecting in the People’s submission.
The court is unpersuaded.
Trump’s track record of making provocative statements outside of court was not disputed, according to the judge.
This met the necessary risk under legal standards and “there exists no less restrictive means to prevent such risk,” Merchan added.
In recent years, Trump has publicly criticized his former fixer Michael Cohen, who is expected to be a witness for the government. Trump has referred to Cohen as a “rat” and a “liar.”
The criminal trial in New York, after a brief delay, is scheduled to begin April 15 with jury selection.
Along with commenting on the witnesses or their roles, Trump is prohibited from making remarks about the prosecutors, court staff, and their family members as long as his statements would attempt to interfere with his criminal case, according to the gag order.
The order does not forbid Trump from attacking the judge specifically or Merchan’s family.
Early Tuesday, before the gag order was issued, Trump posted a lengthy complaint on Truth Social but began by complimenting the judge’s appearance.
Trump accused Judge Juan Merchan of being biased and mentioned the judge's family and past cases.
Trump has been under a gag order before, not for the first time.
In his trial for election interference and conspiracy in Washington, D.C., where he faces four felony charges, Trump attempted and failed to lift a specific gag placed on him by U.S. District Judge Tanya Chutkan.
In December, Trump argued that the D.C. Circuit Court of Appeals was wrong to limit his First Amendment rights for public statements made while under indictment. Special counsel Jack Smith requested the gag due to Trump's history of outbursts at public events involving prosecutors, witnesses, the charges, the Justice Department, and the judge.
However, Chutkan decided to only limit Trump’s language regarding prosecutors on Smith’s team. She ruled that he could not engage in a “smear campaign” against them or court staff.
An appellate court supported the judge's decision when Trump appealed, stating that he was not being silenced or censored by the order. Trump still has the right to appeal this decision to the Supreme Court. The high court requires petitions for a writ of certiorari to be made within 90 days from the date of entry of the final judgment in a U.S. state court of appeals or 90 days from the denial of a timely filed petition for a rehearing.