New York City – Former President Donald Trump’s lawyers have raised objections to a gag order requested by New York prosecutors ahead of his hush-money criminal trial on March 25. They argue that such an order would violate Trump’s constitutional rights to free speech. Prosecutors have sought the order due to Trump’s history of making public and inflammatory remarks about individuals involved in his legal cases, as well as a rise in threats related to his rhetoric.
The Manhattan district attorney’s office has requested a narrowly tailored order to prevent Trump from making public statements about potential witnesses and jurors, as well as statements intended to interfere with or harass the court’s staff and prosecution team. In response, Trump’s lawyers argue that this order would hinder his ability to counter public attacks related to the case. They also contend that while Trump is being silenced, his opponents, such as his former lawyer Michael Cohen, are free to criticize him in media appearances and on social media.
Trump’s lawyers further suggest that the prosecution’s request is a deliberate attempt to muzzle the former president, particularly during a crucial time in his presidential campaign as Super Tuesday primaries approach and President Joe Biden prepares to deliver the State of the Union address.
In an additional filing, Trump’s legal team agreed with prosecutors that the names of jurors should be kept confidential to ensure their safety. Judge Juan Manuel Merchan has yet to rule on the matter, but if there are no delays, this New York trial will be the first of Trump’s four criminal indictments to go to trial.
The case in Manhattan centers on allegations that Trump falsified internal records to conceal the true nature of payments made to his former lawyer, Michael Cohen, who paid adult film actress Stormy Daniels $130,000 in an effort to bury claims of extramarital affairs during the 2016 presidential campaign. Trump currently faces 34 counts of falsifying business records, a felony that carries a maximum sentence of four years in prison. However, a conviction does not guarantee jail time.
Throughout the legal proceedings, Trump has frequently expressed his dissatisfaction on social media, making claims of potential harm and destruction. He has also criticized District Attorney Alvin Bragg and Judge Juan Manuel Merchan, accusing them of bias against him. The proposed gag order does not prevent Trump from commenting on Bragg, who is an elected Democrat.
Trump’s legal team has argued that his past comments about Bragg should not influence Merchan’s decision on the gag order. They contend that Trump cannot be held responsible for the spike in threats that Bragg’s office received after the district attorney’s social media posts last year.
In addition, the defense team perceives the proposed gag order as a “classic heckler’s veto” and claims that it would impose further restrictions beyond those already in place since Trump’s arraignment in April. Those existing restrictions prohibit Trump from using evidence from the case to attack witnesses.
It is important to note that Trump is already subject to a gag order in his Washington, D.C., election interference criminal case and has faced penalties for violating a similar order in his New York civil fraud trial.
The proposed gag order in the Manhattan case mirrors portions of the order imposed on Trump in his separate federal case in Washington. However, Manhattan prosecutors have excluded Alvin Bragg from their proposed gag order, echoing a federal appeals court ruling that allowed Trump to criticize special counsel Jack Smith, who is involved in the Washington case.
At this stage, Judge Merchan has not made a ruling on the gag order.