Liam Conner
Former President Donald Trump requested that the judge in his Criminal trial in New York close the limited gag order this prevents him from commenting on witnesses, prosecutors, jurors, court staff and their families. His attorney, Todd Blanche, submitted a letter Tuesday arguing that the gag order is no longer warranted.
On Thursday, Trump was convicted on all 34 criminal counts of falsifying business records by a unanimous jury, making him the first former president convicted of a crime.
“Now that the trial is concluded, the concerns articulated by the government and the Court do not justify restrictions on the First Amendment rights of President Trump – who remains the leading candidate in the 2024 presidential election – and the American people,” Blanche wrote.
Trump’s lawyer argued that the need for “unbridled campaign defense is even stronger in light” of President Biden’s recent comments on the verdict, the “continued attacks” against Trump by government witnesses Stormy Daniels and Michael Cohen, and the next first presidential debate on June 27th.
In the letter, Blanche also noted that “the defense does not admit that there ever was a valid basis for the gag order and reserves the right to challenge the irreparable First Amendment harm caused by the order.”
Judge Juan Merchan placed the gag order about Trump before the trial began, due to concerns about threats to potential witnesses, jurors, court staff and prosecutors in the case. When Trump persistently attacked the judge’s daughter, Merchan expanded the gag order to stop Trump from attacking her family members and those of District Attorney Alvin Bragg. Trump was still allowed to criticize Bragg and the judge.
Merchan concluded at the time that Trump’s rhetoric posed a “threat to the integrity of the judicial process” and “injects fear into those designated or called upon to participate in the proceedings, that not only they, but also their families, will be ‘fair.'” game’ to the Defendant’s vitriol.”
However, Trump continued to make comments about people affiliated with the trial, including Daniels, Cohen and the jury. During jury selection, several potential jurors excused themselves, citing fears for their safety.
During the trial, Merchan found that Trump violated the gag order 10 times. Trump was fined $1,000 per violation and threatened with prison if the violations continued.
With his sentencing imminent on July 11, just four days before the Republican National Convention, Trump may be risking a harsher sentence if he decides to comment on those protected by the gag order. When determining his sentence, the judge has discretion and can take into account factors such as Trump’s conduct, previous gag order violations and lack of remorse.
Trump faces up to four years in prison and a $5,000 fine for a felony conviction.
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