Prosecutors for Manhattan District Attorney Alvin Bragg are urging Justice Juan Merchan to keep major elements of a gag order in place for Donald Trump, preventing him from publicly commenting about certain people involved in his New York criminal trial, even after his sentencing on July 11. The order was issued to protect jurors, attorneys, and staffers from threats following Trump’s conviction three weeks ago. Prosecutors argued that Trump’s threatening rhetoric, especially towards jurors, raises safety concerns and has led to actionable threats directed at Bragg and his family. Although protections for witnesses are no longer needed, prosecutors believe the rest of the provisions of the order should remain in place.
The gag order includes specific protections for participants in the case, allowing Trump to comment on others not involved in the prosecution, such as President Biden and actor Robert De Niro. However, prosecutors expressed concerns about Trump’s words inciting violence against trial participants, particularly jurors. Trump’s supporters have reportedly attempted to identify and threaten violence against jurors, prompting safety concerns for those involved in the trial. The NYPD tracked 56 actionable threats directed at Bragg, his family, and staff between April and June, along with nearly 500 other threatening calls and emails.
New York’s highest court dismissed an appeal by Trump’s attorneys challenging the constitutionality of the gag order, finding that no substantial constitutional question was directly involved. A lower appellate court previously supported Merchan’s decision to issue the gag order due to Trump’s threatening and inflammatory statements about people involved in the case. Trump was found to have violated the gag order 10 times before and during the trial, ultimately leading to his conviction on 34 counts of falsifying business records related to a hush money payment to an adult film star. Despite this, Trump continues to deny any wrongdoing and has vowed to appeal the conviction.
Trump is scheduled to be sentenced on July 11 and faces potential incarceration not only for the conviction but also for further violations of the gag order. Prosecutors indicated that they may advocate for the gag order to remain in place even after sentencing, as Trump pursues an appeal of his conviction. They cited ongoing threats of violence against prosecutors and their families, highlighting the need to protect them from Trump’s violent rhetoric and inflammatory attacks. The case may ultimately end up at the state Court of Appeals, and prosecutors believe the need for protection will remain acute as the case continues through the appeals process.
