Explainer: Judge Expected to Lift Trump’s Gag Order Following Conviction for Hush Money Payments

(Headline Update)

By Sarah N. Lynch

WASHINGTON, May 30 (Reuters) – Following the jury’s verdict in Donald Trump’s New York criminal trial, the judge is expected to remove the gag order that prevented the Republican presidential candidate from speaking publicly about the case’s participants.

Throughout the trial, the former U.S. president has expressed dissatisfaction with the gag order. Legal experts believe that once the judge, Justice Juan Merchan, lifts the order, Trump will be free to make public remarks and use social media to voice his opinions.

“It’s completely unconstitutional. I’m restricted from speaking while others can talk about me,” Trump stated outside the courtroom on April 23, one of several occasions where he criticized the order. “I wish I could speak my mind freely.” Trump’s inability to restrain his emotions led Merchan to hold him in contempt and fine him $10,000 for violating the gag order with 10 posts and media statements.

He is facing 34 felony charges related to falsifying business records to conceal payments to his former lawyer Michael Cohen. The payment was allegedly made to silence adult film actress Stormy Daniels about an alleged sexual encounter with Trump prior to the 2016 election. Trump denies any criminal wrongdoing and denies the claims made by Daniels.

 

WHAT DID THE GAG ORDER ENTAIL?

Gag orders are imposed by judges to safeguard court proceedings from external influences. While rare in New York state court, federal judges have employed them in past criminal cases involving Trump associates like Paul Manafort and Roger Stone.

New York-based criminal defense attorney Richard Willstatter highlighted the risks associated with not maintaining the gag order. “Given the immense reach of Trump’s social media posts, it is extremely hazardous to expose individuals to that. The court has an obligation to safeguard not only the jurors but also others who may serve on juries,” he explained.

Merchan authorized the gag order on March 26, granting prosecutors’ request. He later extended it to include his family and that of Manhattan District Attorney Alvin Bragg in response to personal attacks made by Trump against Merchan’s daughter.

Trump was not prohibited from talking about Bragg or Merchan under the gag order.

 

HOW HAS TRUMP TESTED THE LIMITS OF THE ORDER?

During the trial, Trump made public statements that prosecutors argued violated the gag order.

On his Truth Social platform, Trump shared articles criticizing witnesses like Cohen, who had served time for his involvement in the hush money payment saga and testified against Trump.

This is not the first instance of Trump violating a gag order; in a civil fraud case last year, he was fined $15,000 for disregarding an order related to commenting on court staff.

Trump’s legal team argued that the gag order restricted his ability to respond to political attacks.

“We are dealing with a unique situation with a former president on trial and running for office,” noted Anna Cominsky, director of the Criminal Defense Clinic at New York Law School.

 

WHAT HAPPENS NEXT?

After the trial, Trump will have more freedom to criticize witnesses, jurors, and court staff. However, there are still restrictions in place.

A protective order from March 7 prevents Trump and his attorneys from disclosing the identities and addresses of jurors.

Legal experts anticipate that Merchan will maintain this protective order.

Trump is also subject to a separate gag order imposed by U.S. District Judge Tanya Chutkan in Washington, D.C., where he faces charges related to efforts to overturn the 2020 election results. (Reporting by Sarah N. Lynch, additional reporting by Luc Cohen; Editing by Scott Malone and Howard Goller)