A judge on Tuesday changed Donald Trump’s gag order, allowing the former president to comment publicly about witnesses and jurors in the hush-money criminal trial that led to his felony conviction, but barring him from commenting on others connected to the case, at least until his ruling on July 11.
Judge Juan M. Marchan’s ruling, issued just days before a debate between Trump and President Joe Biden is scheduled for Thursday, allows the Republican front-runner to once again launch attacks on his former lawyer, Michael Cohen, porn star Stormy Daniels and other witnesses. Trump was convicted May 30 of falsifying records to cover up a potential sex scandal, making him the first former president to be convicted of a crime.
Trump’s legal team had asked Marchant to lift the gag order entirely, arguing there was no justification for continuing to restrict Trump’s First Amendment rights after the trial was over. Trump has said the gag order has prevented him from defending himself as Cohen and Daniels continue to make accusations against him.
AP
The Manhattan district attorney’s office had asked Judge Marchan to maintain a gag order banning comments about jurors, court officials and the prosecution team at least until Trump is sentenced on July 11, but said last week it would be open to allowing Trump to comment about witnesses now that the trial is over.
Trump was convicted on 34 counts of falsifying business records in an attempt to cover up hush money paid to Daniels just before the 2016 presidential election. Daniels claims she had a sexual relationship with Trump a decade ago, charges Trump denies.
The crime is punishable by up to four years in prison, but prosecutors have not said whether they will seek prison time, and it is unclear whether Marchand will pursue such a sentence. Other options include fines and probation.
After the conviction, Trump complained about what he called “terrible gag orders” while also testing their limits: In comments the day after the verdict, Trump called Cohen a “despicable man” without naming him.
AP
In a later interview with Newsmax, Trump took issue with the jury and its makeup, complaining about Manhattan, “I knew it was going to be tough because it’s a very liberal Democrat area,” and claiming, “I never saw a smile on any of the jurors’ faces. No, this was a very unfair arena. There were very few Republicans.”
Trump’s lawyers said they knew the censorship order would end with the ruling and wrote Marchan on June 4 asking him to lift the order.
Prosecutors asked Judge Marchan to maintain the gag order, which prohibits comments about jurors or court staff, “at least until the sentencing hearing and the resolution of post-trial motions.” They argued that the judge “has a duty to protect the integrity of this trial and the fair administration of justice.”
Via Reuters
Marchant issued a gag order against Trump on March 26, just weeks before the trial was set to begin, after prosecutors expressed concern that the presumptive Republican presidential nominee was prone to attacking those involved in his case.
Judge Marchan later broadened the order to prohibit Trump from commenting about his own family after he posted on social media attacking the judge’s daughter, a Democratic political consultant. The order did not prohibit comments about Judge Marchan or District Attorney Alvin Bragg, who prosecuted the case.
During the trial, Judge Marchan held Trump in contempt of court, fined him $10,000 for violating the gag order, and threatened him with prison if he did it again.
In seeking to have the censorship lifted, Trump’s lawyers, Todd Branche and Emil Bove, argued that Trump has the right to “unfettered campaigning” in light of his public comments about Biden’s sentence and his continued public criticism of Cohen and Daniels.
