Judge Imposes Gag Order on Donald Trump Ahead of 'Hush Money' Trial

After Monday's hearing, Judge Juan Merchan determined that the New York "hush money" criminal case against former President Donald Trump would proceed to trial on April 15, a brief three-week delay from the initial March 25 setting. The judge had previously issued a number of pre-trial rulings in the case, most of which appear to favor the prosecution.

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Now, the judge has issued another ruling that will impact Trump ahead of and during the trial — on Tuesday, Merchan issued an order prohibiting Trump from making public statements on jurors, witnesses, and attorneys (other than District Attorney Alvin Bragg).

The judge overseeing Trump's New York hush money case issued a gag order, barring him from attacking witnesses, prosecutors, court staff and jurors.https://t.co/m0zAKf6Z0S
— Axios (@axios) March 26, 2024

Under the gag order, Trump cannot make, or direct others to make, public statements about counsel in the case. The exception is DA Alvin Bragg, who is an elected official.
Prosecutors requested the gag order last month, citing Trump's "longstanding history of attacking witnesses, investigators, prosecutors, judges, and others involved in legal proceedings against him."
In granting the request, Merchan wrote: "It is without question that the imminency of the risk of harm is now paramount."

In the order, which may be viewed in full below, Merchan notes:

Although this Court did not issue an order restricting Defendant's speech at the inception of this case, choosing instead to issue an admonition, given the nature and impact of the statements made against this Court and a family member thereof, the District Attorney and an Assistant District Attorney, the witnesses in this case, as well as the nature and impact of the extrajudicial statements made by Defendant in the D.C. Circuit case (which resulted in the D.C. Circuit issuing an order restricting his speech), and given that the eve of trial is upon us, it is without question that the imminency of the risk of harm is now paramount. The Supreme Court in both Nebraska Press Ass'n v. Stuart, 427 US 539 [1976] and Sheppard v. Maxwell, 384 US 333, 363 [1966] holds that the court has the obligation to prevent actual harm to the integrity of the proceedings. When the fairness of the trial is threatened, "reversals are but palliatives; the cure lies in those remedial measures that will prevent the prejudice as its inception." Sheppard, at 363. On the record submitted, and in keeping with its mandate, this Court need not wait for the realization of further proscribed speech targeted at the participants of this trial.

Understandably, Trump's legal team was critical of the ruling.

"Judge Merchan’s unconstitutional Gag Order prevents President Trump—the leading candidate for President of the United States—from engaging in core political speech, which is entitled to the highest level of protection under the First Amendment," Trump campaign spokesperson Steven Cheung told Fox News Digital. "Manhattan DA Alvin Bragg, at the direction of Crooked Joe Biden, chose to indict President Trump in the middle of campaign season in a politically motivated attempt to derail his candidacy, and the First Amendment allows President Trump to speak out against this unconstitutional tyranny."
Cheung added: "Worst of all, the gag order violates the civil rights of over 100 million Americans who follow President Trump and have a First Amendment right to receive and listen to his speech."

Decision on Gag Order by Susie Moore on Scribd