A New York judge recently expanded a gag order on former President Donald Trump to limit his “inflammatory” speech, particularly regarding two key witnesses in his upcoming criminal hush money trial. Trump disregarded the order by criticizing his former lawyer, Michael Cohen, and adult film actor Stormy Daniels as “sleaze bags” in a post on his Truth Social platform. The order, issued by Judge Juan Merchan in March and revised in April, prohibits Trump from making public statements about probable trial witnesses related to their involvement in the investigation or case. The gag order also extends to comments about jurors, court staff, and lawyers involved in the trial.
The gag order allows Trump to make critical comments about the judge and Manhattan District Attorney Alvin Bragg, but not about potential witnesses. Cohen and Daniels are expected to testify in the trial, which revolves around allegations that Trump falsified business records to hide payments made to Cohen to cover up a payment made to Daniels. Cohen claims the payment was made to prevent Daniels from speaking publicly about an alleged affair with Trump. Legal experts have differing opinions on whether Trump’s comments about Cohen and Daniels violate the gag order, with some saying Trump’s criticism of their character could influence potential jurors.
Gregory Germain, a professor at Syracuse University College of Law, views Trump’s post as a “close call” that is unlikely to result in contempt charges. He suggests that Trump could argue that he was criticizing their character, not their potential participation in the trial. However, Stephen Gillers, a professor at New York University Law School, believes that Trump’s remarks branding the witnesses as liars directly violate the gag order’s intent. Trump and his legal team have argued that the gag order infringes on his free speech rights and prevents him from responding to public attacks as he pursues another presidential run.
Stormy Daniels has previously spoken out about harassment she has faced from Trump’s supporters, who she claims were encouraged by the former president. Cohen stated in a text message that the attacks on him were meant to bias the jury against him. The trial is likely to proceed with the judge determining if Trump’s comments constitute a violation of the gag order. Trump’s remarks highlight the ongoing legal challenges he faces as he navigates the criminal hush money case and a potential return to politics.
