Judge Juan Machan’s gag order added further complexity to an already unique legal situation in the unprecedented criminal trial of former President Donald Trump.
Mr. Trump, who is seen as the Republican candidate for the 2024 presidential election, which is just six months away, will not be able to present any witnesses in his case, jurors or district attorney’s staff, except for Manhattan District Attorney Alvin Bragg himself. forbidden to talk about. Those under President Trump’s command are also prohibited from discussing or discussing these issues.
On April 2, the gag order ordered President Trump to speak about the judge’s family, including his daughter, who works as a Democratic consultant and has represented Democratic elected officials such as Vice President Kamala Harris and Representative Adam Schiff. expanded to include prohibition. D-California
In his Truth Social post, Trump called out Marchand’s daughter by name, mentioned her place of employment and mentioned a social media post of a photo of Trump in prison. A Manhattan court held that the account did not belong to Ms. Marchand’s daughter.
Trump’s lawyers appealed the gag order after Marchan found that Trump violated the gag order. The judge also threatened him with a $10,000 fine and jail time if he continued to violate court rules.
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Former President Donald Trump awaits the start of his case in Manhattan Criminal Court on Monday, April 22, 2024, in New York. (AP Photo/Yuki Iwamura, pool)
The New York State Appellate Division on Wednesday granted the Trump team’s request for an expedited conference schedule to appeal the gag order.
The prosecutor’s office currently has a May 15 deadline to submit a written answer. Trump’s lawyers have until May 20 to file a response. All conference documents are sealed by court order, so details of the appeal and specific challenges to the order have not been made public.
But people close to the campaign say the Appellate Division appears inclined to act more quickly than usual.
Mr. Trump’s lawyers argued to Mr. Marchand that the gag order was unilateral, applying only to Mr. Trump and not to other prospective witnesses. Trump’s former lawyer Michael Cohen, who is scheduled to take the witness stand on Monday, has made disparaging comments about Trump on social media, raised money for the case and wore a T-shirt depicting Trump in prison. However, a gag order prevents Trump and his team from taking action. respond publicly.
Biden, the former head of the Justice Department who is prosecuting Trump, once received compensation for “political consulting” from the DNC.
Republican presidential candidate and former President Donald Trump gestures to supporters during an election night watch party at the State Fairgrounds in Columbia, South Carolina, on February 24, 2024. (Win McNamee/Getty Images)
Mr. Trump’s team had also argued that Mr. Marchand had an irrevocable conflict of interest because his daughter was suspected of actively helping his client profit from the case.
They also argued that the gag order unfairly bars President Trump from commenting on Michael Colangelo’s involvement in the case. Colangelo is a former senior political official at the Justice Department who worked on other Trump prosecutions in the New York attorney general’s office. Mr. Trump’s lawyers argued that the gag order unfairly precludes discussion of Mr. Colangelo’s possible political motives.
Gregory Germain, a law professor at Syracuse University, told Fox News Digital that he is “quite confident” that the gag order would be overturned if the issue reached the Supreme Court.
“The Supreme Court would be very concerned about a presidential candidate criticizing the court and the process so broadly during an election. Very limited directives to protect the identities of jurors and secret witnesses. may be effective, but don’t try to talk Trump out of it.” Prominent witnesses like Stormy Daniels and Michael Cohen have spoken out about him on the road and criticized the political nature of the process. “This cannot be justified under the very strict standard of prior restraint on free speech,” Germain said. .
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Republican presidential candidate and former U.S. president Donald Trump points at a supporter at the end of a campaign rally at the Atkinson Country Club in Atkinson, New Hampshire, January 16, 2024. (Brandon Bell/Getty Images)
Germain said the issue has a long way to go before the Supreme Court, and that the Appellate Division “may not have the same respect for the serious constitutional issues posed by this type of gag order. may delay or tinker with the request.” Along with language. ”
“But if Judge Marchand jails Trump for contempt, the issue will become a constitutional crisis. Even if that happens, Marchand and Trump will be locked in a game of chicken over the issue. If the Appellate Division doesn’t take this issue seriously now, it seems like a real possibility, but I wouldn’t be surprised.” ” he said.
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“If the Appellate Division were wise, it would send the order back to Judge Marchand with strict instructions to specifically limit the order to threats posing an imminent risk of violence or unlawful conduct. Deranged supporters respond with violence. Mere fear of what might happen doesn’t make sense.”
“The gag order imposed by my opponent, Judge Juan Machan, in the Manhattan Lawless District Attorney’s Office case is unconstitutional and un-American,” Trump campaign spokesman Stephen Chan said in a statement.
