Manhattan prosecutors have requested that Donald Trump’s gag order remains in place until he is sentenced in July, opposing the defense’s request to lift the restrictions following his conviction last week. The gag order prevents Trump from commenting on witnesses, jurors, and others involved in his hush money criminal case but does not restrict him from talking about the judge. The prosecutors argue that the order is necessary to protect the integrity of the proceedings and ensure fair administration of justice, at least until the sentencing and resolution of any post-trial motions.
Trump’s lawyers have argued that there is no justification for continuing the restrictions on Trump’s First Amendment rights now that the trial is over. However, the prosecutors maintain that the gag order was put in place not only to ensure a fair trial but also to prevent harm to the integrity of the case. They suggest submitting written arguments to the court on the gag order issue in the coming weeks, which could keep the restrictions in place until the end of the month. Trump’s sentencing is scheduled for July 11, and he faces up to four years in prison for his convictions.
Trump was found guilty of falsifying business records related to a hush money payment to porn actor Stormy Daniels just before the 2016 presidential election. The payment was allegedly meant to cover up a sexual encounter Daniels claims to have had with Trump, which he denies. The potential sentencing options for Trump include incarceration, a fine, or probation, with prosecutors yet to indicate their preference. Trump’s lawyers argue that he should be allowed to engage in campaign advocacy without restrictions, especially in light of comments made by President Joe Biden and key prosecution witnesses.
The gag order, issued in March by Judge Juan M. Merchan, was expanded to prevent Trump from making comments about his own family after he attacked the judge’s daughter on social media. While Trump has expressed frustration with the order, claiming it limits his ability to address the case and his conviction, Judge Merchan has held him in contempt of court and fined him for violating the order. Despite Trump’s statements about feeling muzzled, the judge has not sanctioned him for all instances of violating the gag order, such as using derogatory terms to refer to key witnesses like Michael Cohen.
The defense argues that Trump’s ability to freely address the case is essential, especially with the first presidential debate scheduled for June 27. They cite ongoing criticism of Trump by his former lawyer Cohen and Daniels as reasons to lift the gag order. The judge has permitted comments about him and the district attorney but has prohibited statements about court staff and members of the prosecution team. The issue of the gag order will likely be addressed through written arguments in the coming weeks, with the final decision resting with Judge Merchan. Until then, the restrictions on Trump’s ability to speak about the case and those involved will remain in place.
