Former president Donald Trump’s gag order is likely to be lifted following the jury’s verdict in hush money trial in New York.
New York Supreme Court Justice Juan Merchan earlier barred the former president from speaking about witnesses, jurors, and others involved in the case. Merchan on April 1 expanded an existing gag order to make clear it also applies to family members after Trump disparaged the judge’s daughter.
The 77-year-old president has repeatedly criticised the gag order throughout the trial. Legal experts anticipate that Trump will resume his public remarks and social media activity once Justice Juan Merchan lifts the order.
“It’s totally unconstitutional. I’m not allowed to talk but people are allowed to talk about me,” Trump said, while talking to the media outside the courtroom on April 23.
The judge held Trump in contempt and imposed a $10,000 fine, saying that ten of Trump’s posts and media statements violated the order.
Trump has been convicted on all 34 felony counts related to falsifying business records. According to charges, Trump made undeclared payments to his former lawyer Michael Cohen for $130,000 given to Stormy Daniels before the 2016 election.
However, Trump denied any wrongdoing. He also denied having had a sexual encounter with Daniels.
Judges impose gag orders to safeguard court proceedings from external influences.
“When it comes to Trump, he has an extraordinary amount of power in terms of the visibility of his social media posts,” said New York-based criminal defence attorney Richard Willstatter.
“It’s extraordinarily dangerous to expose people to that. The court has an institutional interest in protecting not just these jurors, but in protecting other people who might do jury service,” he said.
These orders are uncommon in New York state court. However, they have been used in high-profile federal cases, such as those involving Trump’s former campaign manager Paul Manafort and ally Roger Stone.
Trump’s significant social media presence makes such orders particularly challenging.
Legal experts expect that, while Trump will regain the freedom to criticise witnesses and jurors, the judge will maintain a protective order that prevents the disclosure of jurors’ personal information.
Trump faces a similar gag order imposed by US District Judge Tanya Chutkan in Washington, D.C.