Former President Donald Trump has requested that the court lift the gag order preventing him from publicly attacking the jurors and witnesses involved in his New York City hush money case, a move that could endanger their safety by exposing them to potential threats from his supporters.
In a letter dated June 3 to New York State Supreme Court Justice Juan Merchan, Trump’s defense attorneys argue that the “stated bases for the gag order no longer exist” now that a verdict has been reached. Last week, Trump was convicted on 34 felony charges of falsifying business records related to a payment made to adult-film actress Stormy Daniels during his 2016 presidential campaign.
“Now that the trial is concluded, the concerns articulated by the government and the Court do not justify continued restrictions on the First Amendment Rights of President Trump—who remains the leading candidate in the 2024 presidential election—and the American people,” the letter, shared with Newsweek by Trump attorney Todd Blanche, stated.
Before the trial, Merchan issued a gag order barring Trump from publicly commenting on witnesses, prosecutors, court staff, jurors, and others involved in the case. This was due to Trump’s “prior extrajudicial statements” that Merchan said “established a sufficient risk to the administration of justice.”
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Trump violated Merchan’s order 10 times during the trial, resulting in a $10,000 fine. Merchan also warned that continued violations could result in prison time.
Following his guilty verdict, Trump labeled Merchan a “conflicted judge” and described his trial as “rigged” and a “witch hunt.” The gag order, however, does not prevent him from criticizing the judge.
Blanche argued in the letter that the “constitutional mandate for unrestrained campaign advocacy by President Trump” is even stronger due to recent comments on the hush money trial from President Joe Biden, who is set to face Trump in the upcoming presidential election. Public comments have also been made by Daniels and key witness Michael Cohen.
The defense team cited the Supreme Court decision in Brown v. Hartlage (1982), which ruled that it is “not the function of government to select which issues are worth discussing or debating” during a political campaign, in support of lifting the gag order.
Blanche wrote that the defense team “does not concede that there was ever a valid basis for the gag order and reserves the right to challenge the irreparable First Amendment harms caused by the order.”
During a press briefing on Friday at Trump Tower, the former president described Merchan’s gag order as “nasty” and made veiled references to Cohen without naming him, calling the key witness “a sleaze bag.”
Blanche expressed his expectation last week that the gag order would be lifted after the jury reached a verdict but noted that he believes the former president is still under restrictions, as reported by the Associated Press (AP).
“I don’t want President Trump to violate the gag order,” Blanche said. “I don’t think it applies anymore. I feel like the trial is over and it shouldn’t.”
A spokesperson for the New York State Court system previously told AP that the gag order “is part of the court record that has been made publicly available and it speaks for itself.” The spokesperson did not specify the duration of the order.
Trump is scheduled to be sentenced on July 11. Legal experts speculate that he will likely not receive a prison sentence due to the nonviolent nature of his crimes.
