Senator J.D. Vance is calling for a criminal investigation into New York Supreme Court Judge Juan Marchan for his enforcement of a gag order during the trial of former President Trump.
The Ohio Republican, a strong supporter of the former president, has called on Attorney General Merrick Garland to open an investigation into Marchan, specifically for depriving Trump of his First Amendment free speech right.
“The evidence made public at the very least indicates that an investigation is warranted, and all indications are that the responsible parties are targeting not only constitutionally protected rights but also rights holders of central concern to the Federal Government, including a leading candidate for the presidency,” Vance wrote in a letter to Garland.
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Former President Donald Trump and then-Republican Senate candidate J.D. Vance address supporters during a rally at Dayton International Airport on Nov. 7, 2022, in Vandalia, Ohio. (Photo by Drew Ungerer/Getty Images)
He cited two statutes he could pursue against Marchan: one that prohibits “conspiracy to injure, oppress, threaten, or intimidate others in the enjoyment of a federally protected right” and another that prohibits “knowingly [depriving] “Any person having rights or privileges protected by the Constitution or laws of the United States.”
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In this courtroom sketch, Judge Juan Marchand gives instructions to the jury ahead of deliberations as Republican presidential candidate and former president Donald Trump, who is charged with falsifying business records to hide payments made to silence porn actress Stormy Daniels in 2016, looks on in a state courtroom in Manhattan, New York City, on May 29, 2024. (Reuters/Jane Rosenberg)
“Mr. Marchan’s order denies the Republican presidential candidate the ability to question the credibility of witnesses testifying against him, the motives of the prosecutors pursuing him, or the impartiality of judges who impose fines on him when they have clear conflicts of interest,” Vance argued.
The Justice Department did not immediately respond to a request for comment from Fox News Digital by publication time.
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Vance also suggested that Judge Marchan had not only deprived Trump of his First Amendment rights. He argued that the judge tried to prevent the former president from selecting an impartial jury. “During jury selection, Judge Marchan refused to dismiss prospective jurors who posed obvious bias,” he wrote.
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Former President Donald Trump sits in court before jury deliberations in his criminal trial at Manhattan Criminal Court, New York State Supreme Court, May 29, 2024. (Javin Botsford/Pool via USA Today Network)
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Fox News Digital referred the request from Marchan’s office to the New York court, but did not immediately receive a response.
Republicans and President Trump have criticized the prosecutors, prosecutions and presiding judge in the case against the former president, which they often refer to as “election interference.”
