27 March 2024 , 19:14
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Donald Trump has been given a partial gag order by the judge presiding over the New York criminal case against him after going "far beyond" defending himself against attacks with rants that have been dubbed "relentless" and "threatening".
State Judge Juan Merchan's order bars the former president from commenting publicly about witnesses, prosecutors, court staff and jurors in his upcoming hush-money criminal trial. The order does not apply to the judge or Manhattan District Attorney Alvin Bragg.
The judge said the gag order was necessary as "the Defendant’s prior extrajudicial statements establishes a sufficient risk to the administration of justice" and "there exists no less restrictive means to prevent such risk." Trump campaign spokesman Steven Cheung called the order "unconstitutional".
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Judge Juan Merchan slapped Trump with the order (AP)The former president also blasted the order on social media saying it was "illegal, un-American" and accused the judge of "wrongfully attempting to deprive me of my First Amendment Right to speak out against the Weaponisation of Law Enforcement" by Democratic rivals. The presumptive Republican presidential nominee also laid into Judge Merchan's daughter, a Democratic political consultant, noting that she had posted a photo on social media of him behind bars.
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An account appearing to belong to Loren Merchan on X, formerly known as Twitter, has a photo illustration of an imprisoned Trump as its profile picture. Loren Merchan's consulting firm had linked to that account in a previous social media post. Trump's post on Truth Social was his first reaction to the gag order, which Judge Merchan issued on Tuesday, a day after he scheduled the trial to begin on April 15.
Hours before the judge's ruling, Trump had referred to Judge Merchan in a Truth Social post as a "very distinguished looking man" and a "true and certified Trump Hater". Judge Merchan's order cited Trump's history of "threatening, inflammatory, denigrating" remarks about people involved in his legal cases in granting the prosecution's request for what it deemed a "narrowly tailored" gag order.
"So, let me get this straight," Trump wrote on Truth Social, "the Judge's daughter is allowed to post pictures of her 'dream' of putting me in jail, the Manhattan D.A. is able to say whatever lies about me he wants, the Judge can violate our Laws and Constitution at every turn, but I am not allowed to talk about the attacks against me, and the Lunatics trying to destroy my life and prevent me from winning the 2024 Presidential Election, which I am dominating?"
Trump appears with his lawyer Susan Necheles for a pre-trial hearing on March 25 (Getty Images)"Maybe the Judge is such a hater because his daughter makes money by working to ‘Get Trump’ and when he rules against me over and over again, he is making her company, and her, richer and richer," Trump continued. "How can this be allowed?"
Trump also accused President Joe Biden, Attorney General Merrick Garland and their "Hacks and Thugs" of "tracking and following me all across the Country, obsessively trying to persecute me, while everyone knows I have done nothing wrong." The gag order bars Trump from either making or directing other people to make public statements on his behalf about hush-money trial jurors and potential witnesses, such as his lawyer-turned-nemesis Michael Cohen and porn star Stormy Daniels. It also prohibits any statements meant to interfere with or harass the court’s staff, prosecution team or their families.
Cohen praised the Judge's action in a statement, saying: "I want to thank Judge Merchan for imposing the gag order as I have been under relentless assault from Donald’s MAGA supporters." He added: "Nevertheless, knowing Donald as well as I do, he will seek to defy the gag order by employing others within his circle to do his bidding; regardless of consequence."
Trump hit out at the judge after the order (Getty Images)A violation could result in Trump being held in contempt of court, fined or even jailed. Trump's hush-money case centres on allegations that he falsely logged payments to Cohen, then his personal lawyer, as legal fees in his company's books when they were for his work during the 2016 campaign covering up negative stories about Trump. That included $130,000 (£102,900) Cohen paid Daniels on Trump's behalf so she wouldn't publicise her claim of a sexual encounter with him years earlier.
Trump pleaded not guilty last April to 34 counts of falsifying business records, a felony punishable by up to four years in prison, though there is no guarantee that a conviction would result in jail time. He denies having sex with Daniels and his lawyers have said that the payments to Cohen were legitimate legal expenses, not part of any coverup.