Former President Donald Trump’s lawyers are requesting for the gag order to be lifted in a New York court, which prohibited him from commenting on witnesses, jurors, and others involved in his criminal case. They argue that with the trial over, there is no justification for restricting Trump’s First Amendment rights. The lawyers also point out the need for Trump to engage in unrestricted campaign advocacy, especially in light of President Joe Biden’s public remarks on the verdict, and ongoing criticism by key prosecution witnesses Michael Cohen and Stormy Daniels. They also highlight the upcoming presidential debate as a reason for lifting the gag order.
The Manhattan district attorney’s office has not yet commented on the request to lift the gag order. The order was originally issued by Judge Juan M. Merchan on March 26, before the trial began, due to concerns raised by prosecutors about Trump’s history of attacking individuals involved in his legal cases. The order was later expanded to include restrictions on commenting about Merchan’s family, after Trump made social media posts targeting the judge’s daughter, who is a Democratic political consultant. Comments about Merchan and District Attorney Alvin Bragg are allowed, but statements about court staff and members of Bragg’s prosecution team are prohibited.
Trump was convicted on 34 counts of falsifying business records related to a hush money payment to Stormy Daniels before the 2016 election. He denies the allegations of a past sexual encounter with her. The sentencing is scheduled for July 11, and the trial has prompted concerns about potential prejudice to the jury. Prosecutors had requested the gag order to protect the integrity of the criminal proceeding, but it is unclear when the restrictions will be lifted. Trump’s lawyer, Todd Blanche, expressed confusion about the ongoing gag order and sought clarification from Merchan.
During the trial, Trump was held in contempt of court, fined $10,000, and threatened with jail time for violating the gag order. Trump’s use of derogatory language towards prosecution witness Michael Cohen was not deemed a violation by the judge, raising questions about the boundaries of permissible speech under the order. Despite the trial being over, Trump continues to believe he is under a gag order and has expressed frustration at being unable to comment freely. The ongoing debate over the gag order reflects the tensions between free speech rights and legal proceedings in high-profile cases involving public figures like Trump.
