A judge in Manhattan, Juan M Merchan, has amended the gag order placed on former US president Donald Trump. This amendment allows him to publicly discuss matters pertaining to jurors and witnesses involved in the criminal trial concerning hush payments, which concluded in a felony conviction for Trump. However, Trump is still restricted from speaking about other individuals tied to his case until his sentencing on the 11th of July.
This decision, made only a few days prior to Trump’s debate with current President Joe Biden, gives way for the presumed Republican candidate to once again criticise his former attorney, Michael Cohen as well as adult actress Stormy Daniels and several other witnesses.
Trump was declared guilty in New York on May 30th for altering documents to conceal a potential sexual scandal, marking him as the first ever ex-president to be convicted of a felony.
In a ruling spanning five pages on Tuesday, Judge Merchan pointed out that the gag order’s primary purpose was to “defend the honour of the judicial process”. However, he stated that now that the trial has concluded and the jury dismissed, protections for witnesses and jurors are no longer applicable.
While it was his “strong preference” to continue limiting Trump from discussing jurors – whose identities still remain confidential- Judge Merchan stated he could not defend such an action. Nevertheless, an enacted order forbidding Trump and his legal team from revealing details like individual jurors’ identities or their residential or work addresses, remains in effect.
Following the verdict, Trump’s attorney, Todd Blanche affirmed that all such information has been disposed of.
Judge Merchan also maintained the prohibition on Trump discussing the court’s staff, the prosecution team and their families until the time of his sentencing. He wrote that these individuals must “continue to execute their lawful responsibilities devoid of bewilderment, pressure, annoyance, and risks”.
This section of the gag order does not restrict Trump from expressing opinions about the presiding judge himself or district attorney Alvin Bragg, who led the case’s prosecution.
Trump’s legal team had fervently encouraged Judge Merchan to completely dismiss the gag order, arguing that there was no justification for an ongoing suppresson of Trump’s right to freedom of speech post the trial.
However, Trump has expressed that this gag order has hindered his ability to defend himself at a time when both Cohen and Daniels have continued to berate him.
Although broadly seen as a victory for Trump, his campaign representative, Steven Cheung, has rebuked the decision ruled on Tuesday. He described it as another unlawful judgement by an allegedly biased judge, arguing that it is overtly un-American in that it prevents Trump, the frontrunner for the 2024 presidential race, from participating in the forthcoming Thursday’s presidential debate.
Cheung stated that Trump, along with his legal team will promptly contest the day’s unconstitutional ruling. He claimed that the remaining sections of the gag order are inhibiting Trump from discussing the judge, who he believes had a vested interest, as well as from reiterating his baseless accusations of Mr Biden orchestrating the prosecution.
The Manhattan District Attorney’s office had previously requested Judge Merchan to uphold the ban of the gag order on remarks about jurors until Trump’s sentencing. Though last week they concurred with permitting Trump to comment on witnesses since the trial has concluded. The Manhattan DA’s office is yet to respond to a request for comment.
Mr Cohen, a previous colleague of Trump who testified against him, responded to the ruling through a text message. He expressed, “For half a dozen years, Donald and his followers have continuously belittled me. His unsuccessful attempts to ruin my credibility to avoid being held responsible didn’t work in the past, nor will it succeed now.”
Ms Daniels’ counsel, Clark Brewster, communicated their deep respect for Judge Merchan and appreciate his post-verdict reconsideration of the gag order in light of freedom of speech and any persistent threat to the judicial proceedings.
“He chose to impose limitations on Mr Trump in terms of constant aggressive personal insults towards court staff, trial witnesses, and possible jurors which was both unusual but undeniably warranted considering the defendant’s relentless daily tirades,” Brewster added.
Trump was found guilty on 34 charges related to falsifying business records as prosecutors alleged it was an attempt to conceal a hush-money payment to Ms Daniels preceding the 2016 presidential election. Trump rebuts her allegations of a sexual encounter a decade before.
The offence can be penalised with up to four years imprisonment, although prosecutors have not declared whether they’ll push for jail time. It remains uncertain if such a sentence would be passed by Judge Merchan, with other alternatives being a fine or probation.
Post his conviction, Trump expressed discontent with the “malicious gag order”, concurrently pushing its boundaries.
In comments following his conviction, Trump used the term “sleazebag” to describe Mr Cohen, though he didn’t mention his name. In a following interview with Newsmax, he expressed dissatisfaction with the jury and their composition. Trump grumbled about Manhattan, stating, “It’s an incredibly liberal democrat area, it was clear we faced trouble,” and alleged, “I didn’t notice any hint of satisfaction from the jury. We faced a severely biased venue. Only a small percentage of the population are Republicans.”
The attorneys of Trump thought the gag order would be lifted upon the verdict, therefore, drafted a letter to Judge Merchan on 4th June requesting him to do so.
Yet, the prosecutors asked the judge to maintain the gag order, which forbids comments about the jurors and trial team, “till at least the sentencing hearing and conclusion of any post-trial motions”. They put forward that it was the judge’s duty to secure the fairness of the proceedings and the due delivery of justice.
Trump’s gag order was issued by Judge Merchan on 26th of March, just weeks before the trial began. This was after there were issues flagged by the prosecutors over the likelihood of the presumptive Republican presidential nominee attacking individuals linked to his cases.
Later, Judge Merchan extended it to ban remarks about his own family in response to Trump’s social media posts attacking the judge’s daughter, a Democratic political consultant.
The judge held Trump in contempt of court during the trial and fined him $10,000 (€9,300) for defying the gag order, and warned him of a possible jail term for repeat offence.
In an effort to revoke the order, Trump’s lawyers Todd Blanche and Emil Bove claimed that Trump had a right to “unrestrained campaign advocacy” in view of Mr Biden’s remarks on the verdict, and the continuous public critique from Mr Cohen and Ms Daniels.