At the close of the 15th day of the trial of N.Y. v. Trump, Judge Juan Merchan directed New York prosecutors to instruct Michael Cohen to stop making comments about the case and former President Trump but did not impose a gag order. Instead, Merchan imposed a gag order on the former president that prevents him from speaking about the witnesses, the jury, and any prosecutors other than Manhattan District Attorney Alvin Bragg. Cohen, who is expected to take the witness stand on Monday, has been making TikTok videos disparaging Trump and has been seen wearing a T-shirt depicting Trump behind bars. Despite the gag order in place, Trump has broken this order several times, but his lawyers argued in court that Cohen should also be restrained by a gag order. However, Merchan only directed the prosecutors to warn Cohen to cease making such comments in a warning that “comes from the bench.”
Cohen is set to be the star witness for Bragg and his team, thanks to his role in arranging a $130,000 payment in 2016 to adult actress Stormy Daniels to silence her story about an alleged sexual encounter with Trump in the early 2000s. Trump later made several payments of $35,000 to Cohen, who was his personal attorney at the time. While Trump has denied any encounter with Daniels, those payments formed the basis for Bragg’s indictment of Trump on charges of falsifying business records. Bragg aims to prove that these payments were reimbursements for the payment to Daniels, but Trump’s defense attorneys argue that the $35,000 payments were legitimate legal payments or attorney’s fees. Trump has pleaded not guilty to 34 counts of falsifying business records in the first degree, with his legal team appealing the gag order to the appellate division.
Legal observers have expressed concerns about the potential impact of Cohen’s TikTok videos and fundraising efforts on the case, with some suggesting that his actions may have damaged the case against Trump before he even takes the stand. Former Assistant U.S. Attorney Andrew McCarthy pointed out that Cohen’s credibility is already compromised due to his past convictions for perjury and fraud, making him a problematic witness for the prosecution. Defense attorney Jeremy Saland, who previously worked in the Manhattan District Attorney’s Office, highlighted that Trump’s legal team could leverage Cohen’s actions to undermine his credibility as a witness. While the prosecution may struggle to control Cohen’s behavior, they may need to intervene swiftly to prevent further harm to the case.
The spokesperson for Trump’s campaign hailed the judge’s decision as a “big win,” despite the warning issued to Cohen not including any legal consequences if he continues to ignore the judge’s instructions. Trump, who is bound by the gag order imposed by Merchan, is prohibited from publicly responding to Cohen’s actions, although he has violated this order on multiple occasions. Trump’s legal team is pushing back against the gag order and working to challenge its validity before the appellate division. As the trial progresses, Cohen’s testimony and behavior leading up to his appearance on the stand will continue to be closely scrutinized for their potential impact on the case against Trump. The prosecution faces the challenge of managing Cohen’s actions and credibility in order to build a solid case against the former president.
