In an escalation of judicial restraints, former President Donald Trump has been expressly prohibited from attacking the family members of New York State Supreme Court Justice Juan Merchan and Manhattan District Attorney Alvin Bragg. The expansion of the gag order comes after Mr. Trump’s personal attacks on Justice Merchan’s daughter, which legal experts say were attempts to intimidate and spread fear among those involved in his trial.
The central issue involves accusations that Mr. Trump inaccurately categorized payments to his former attorney, Michael Cohen, as legal expenses when they were actually for Cohen’s efforts to conceal claims of extramarital affairs during Trump’s 2016 election bid. Trump denies the charges, labeling them a politically motivated attack.
Justice Merchan, overseeing the forthcoming trial, expanded the current gag order to explicitly encompass relatives following Trump’s criticism of Loren Merchan, a political advisor, on social platforms. Trump incorrectly asserted she harbored bias against him due to her consulting work for Democratic campaigns. The updated order prohibits Trump from discussing the families of those linked to the case, with potential fines or imprisonment for contempt if breached.
Attorneys for Mr. Trump have argued against the gag order, claiming that it violates his First Amendment rights, characterizing his attacks on Justice Merchan’s family as “campaign advocacy” and “criticism” of the judge’s refusal to recuse himself from the case. On the contrary, prosecutors have vehemently opposed this view, contending that Mr. Trump’s actions pose a significant threat to the integrity of the judicial process and are “intended to intimidate witnesses and trial participants alike.”
Joyce Vance, a former U.S. attorney, has critically noted that Mr. Trump’s conduct bears the hallmark of tactics used by mobsters — to intimidate and instill fear in potential witnesses and jurors. Speaking on the CAFE Insider podcast, she suggested that Mr. Trump was deliberate in his targeting, scrutinizing the gag order to find and exploit any exception that might exist. The intention, according to Ms. Vance, is clear: “I think the choice Judge Merchan will have at that point is to concede that Trump is above the law and can do whatever he wants going into trial, or to actually back himself up.”
The new protective order has been met with resistance from Trump’s camp, with his campaign spokesperson, Steven Cheung, labeling the expanded gag order as “unconstitutional” and a violation of the free speech rights of Mr. Trump and his followers. Despite these objections, Justice Merchan has stood firm, underlining that the deliberate targeting of family members serves no legitimate purpose and compromises the fair administration of justice.
The extended gag order precedes Mr. Trump’s upcoming trial in April, highlighting the continued conflict between his assertive defense tactics and the judiciary’s commitment to upholding order and neutrality in a politically charged legal dispute.
Relevant articles:
– Donald Trump’s Attack on Judge’s Daughter ‘Deliberate …, Newsweek, 2 hours ago
– Judge expands partial gag order after Trump’s attacks on his daughter in hush money case, NBC News, April 02, 2024
– Trump gag order expanded after he attacks judge’s daughter on social media, The Guardian US, April 02, 2024
– Trump barred from attacks on judge’s daughter in New York “hush money” case gag order, CBS News, April 02, 2024