Sen. J.D. Vance (R-Ohio) is calling for a federal investigation into Judge Juan Marchan for allegedly depriving former President Donald Trump of his First Amendment rights in a Manhattan business records case.
Vance is considered a leading candidate to be Trump’s vice presidential running mate. wrote In a letter to Attorney General Merrick Garland on Wednesday, they called for an investigation into Marchan for possible violations of Sections 241 and 242 of Title 18.
Judge Juan Marchan’s unconstitutional gag order violates President Trump’s First Amendment rights and is clearly illegal.
This morning I wrote to the Attorney General asking him to investigate Mr Marchan’s actions and consider prosecuting any criminal offences. pic.twitter.com/4SMbRc3Dgz
— JD Vance (@JDVance1) May 29, 2024
“These statutes appear to say quite a lot about the actions of Juan Marchan, the New York judge and Democratic political donor who set up a duck court in Manhattan for Donald Trump,” he wrote.
Department of Justice Note Section 242 makes it a crime for any person, acting under the authority of the law, to knowingly abridge any right or privilege protected by the Constitution or laws of the United States.
“it is do not have “It is not necessary that the crime be motivated by racial prejudice or other animus,” it adds.
Sen. J.D. Vance (R-Ohio) speaks at a press conference across from Manhattan Criminal Court in New York on May 13, 2024. (Stephen Jeremiah/Associated Press)
Vance noted that the broad speech restrictions imposed by Marchan on Trump in court could violate this provision.
This order made him public Discuss It bars witnesses from discussing their participation in the trial or investigation, including Stormy Daniels and Michael Cohen. It also bars them from speaking publicly about District Attorney Alvin Bragg’s staff, court staff, family members of both staff, or defense attorneys in the case other than Bragg “if such statements are made with the intent to seriously interfere, or to cause others to seriously interfere, with the work of defense attorneys or staff in this criminal case.”
Vance said Marchan issued the order “in response to the protected speech of a former president who is currently leading the polls for the next presidential election.”
Trump is currently Lead The RealClearPolling average as of Wednesday had President Joe Biden’s approval rating at 47.5 percent to 46.4 percent.
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“Mr. Marchan’s order leaves the Republican presidential candidate powerless to question the credibility of witnesses testifying against him, the motives of the prosecutors pursuing him, or the impartiality of the judge who fines him when he has a clear conflict of interest,” he added.
This would be “prejudicial even in the best of circumstances,” Vance wrote, citing previous condemnations of speech-censorship orders by the late Supreme Court Justice William Brennan Jr. and other liberal justices.
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The senator argued that Judge Marchan “did his best” and “deprived” Trump of an impartial jury, and that the judge was “unassuming” in “admitting and excluding evidence.”
Marchant wasn’t content to simply deprive President Trump of his First Amendment rights. As a criminal defendant, President Trump is entitled to a fair trial by an impartial jury… Marchant did his best to deprive President Trump of both. During jury selection, Marchant refused to dismiss potential jurors with obvious bias. One person mocked on social media, “Republicans…” [were] It is projected that they will win 70 seats in prison.”… Another person posted a video on social media showing them participating in an anti-Trump street protest… But Marchan appointed them to the jury anyway, forcing President Trump’s lawyers to make a key removal…
Marchan has also been unashamed when it comes to the inclusion and exclusion of evidence. He has done his best to allow the prosecution to introduce whatever evidence it wants, including allowing prosecution witnesses to testify at length about details of unproven sexual encounters that were completely unrelated to the underlying charges. But he has also taken a hard line against defense evidence at every opportunity.
Vance pointed to a “possible Section 241 conspiracy” of Title 18, adding that there were “numerous co-conspirators to consider,” including Marchan’s daughter, Lauren Marchan, Bragg and other prosecutors.
The senator noted that Lauren Marchand was “a fundraiser for Democratic Party officials and organizations who helped her clients raise $93 million from donors during Mr. Trump’s trial in New York, including by using the case to smear the defendants in fundraising emails.”
He added that Bragg and prosecutors Matthew Colangelo and Christopher Conroy have repeatedly urged Marchan to “deprive President Trump of his First Amendment rights.”
Senator Vance has asked Garland to respond by June 28 on whether he will open an investigation, and if he does not, he has asked him to file a records request to allow a future administration to look into the incident.
