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 March 28, 2024

Judge issues new gag order against Trump in New York case

A New York judge has placed a gag order on Donald Trump, limiting the former president from discussing potential witnesses in the upcoming criminal trial related to hush money payments scheduled to commence next month.

Judge Juan Merchan ruled that Trump cannot make statements about potential witnesses, attorneys, court staff, or family members of prosecutors or lawyers intended to interfere with the case.

The details

Trump is also prohibited from commenting on any potential or actual juror.

Merchan cited Trump's history of making "threatening, inflammatory, denigrating" statements against individuals involved in the justice system, including jurors, as the basis for the ruling.

The gag order aims to prevent Trump from criticizing his former attorney, Michael Cohen, and adult film star Stormy Daniels, both expected to testify at trial.

The order does not restrict Trump from discussing New York District Attorney Alvin Bragg, a public figure, or Merchan himself.

The motivation

The gag order comes amidst Trump's repeated attacks on the district attorney's case and its participants ahead of what would be the first criminal trial of a former president.

Trump had criticized Merchan, his daughter, and one of Bragg’s prosecutors in the hours before Merchan issued the order.

Merchan emphasized the need to prevent potential risks to the administration of justice, given Trump's prior extrajudicial statements. Trump's trial is set to commence with jury selection on April 15, after a delay caused by disputes over document production.

Trump's case

Trump faces 34 counts of falsifying business records related to reimbursements to Cohen for hush money payments made before the 2016 election to Daniels, who alleged an affair with Trump. Trump has pleaded not guilty and denied the affair.

The district attorney's office had requested the gag order to remain in place for the trial's duration.

Trump's attorneys argued against the order, contending that as the leading Republican candidate for president, his speech should not be restricted as he engages with voters for the 2024 election.

Similar gag orders have been issued in Trump's other criminal and civil cases, including a New York civil fraud trial and a federal election subversion case in Washington, D.C. In the civil fraud case, Trump was fined twice for violating a gag order by making comments about the judge's staff.

Merchan reviewed Trump's public statements in other cases before imposing restrictions, noting their threatening and inflammatory nature. The judge emphasized the need for additional measures, adding to the numerous legal battles facing Trump as he runs for a return to the White House as president.

Written By:
Dillon Burroughs

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