Former President Donald Trump has tested the limits of a gag order placed on him by a New York judge by disparaging key witnesses in his upcoming criminal hush money trial. In a post on his Truth Social platform, Trump called his former lawyer, Michael Cohen, and adult film actor Stormy Daniels “sleaze bags” and accused them of lying. The gag order, first issued in March and revised in April, prohibits Trump from making public statements about probable trial witnesses concerning their potential participation in the investigation or proceeding. However, examples of banned statements were not specified in the order, allowing Trump to respond to political attacks.
In addition to prohibiting statements about witnesses, the gag order also prevents Trump from making public comments about jurors, court staff, lawyers in the case, or relatives of prosecutors or the judge. However, Trump is allowed to criticize the judge himself and Manhattan District Attorney Alvin Bragg. It remains unclear whether the judge will consider Trump’s recent criticism of Cohen and Daniels a violation of the gag order, as both witnesses are expected to testify in the trial related to alleged falsification of business records and hush money payments.
Legal experts have differing opinions on whether Trump’s comments constitute a violation of the gag order. Gregory Germain, a professor at Syracuse University College of Law, believes it is a “close call” and unlikely to result in contempt charges against Trump. However, Stephen Gillers, a professor at New York University Law School, argues that branding the witnesses as liars goes against the intent of the gag order, which aims to prevent potential jury influence. Trump and his attorneys have criticized the gag order, claiming it violates his free speech rights and hinders his ability to respond to public attacks as he pursues a presidential run.
Stormy Daniels has previously spoken out about harassment from Trump supporters and claims they were “encouraged and commended” by the former president. In response to Trump’s recent attacks, Michael Cohen believes they are meant to prejudice the jury’s opinion of him. Despite the disagreements over the interpretation of the gag order, Trump’s continued defiance of the restrictions could have legal consequences as the trial progresses. The tensions between Trump’s right to free speech and the judicial regulations aimed at ensuring a fair trial will likely continue to play out as the case unfolds.
