NEW YORK — Almost every day of his hush-money criminal trial, former President Donald Trump talks about how he can’t talk about the case.
The gag order prohibits President Trump from commenting publicly about witnesses, jurors and some others involved in the case. A New York judge has already found that Trump, the presumptive Republican presidential nominee, has repeatedly violated the order, fined him $9,000 and warned him he could face jail time if he doesn’t comply.
However, the order does not prevent Trump from discussing the charges against him or commenting on judges or top elected prosecutors. And despite Trump’s recent statements, this does not prevent him from testifying in court if he wishes.
Trump has at times been confused about what he can and cannot do in the case as he fights a felony charge while running for president. He pleaded not guilty.
So what does that order do, what doesn’t it do, and where does it come from?
What is a gag order?
Generally, a gag order is a judge’s order that prohibits a person or people involved in a case from publicly commenting on some or all aspects of the case. In Trump’s case, it is titled “Order to Restrain Extrajudicial Speech,” and “extrajudicial” means outside the courtroom.
Gag orders are intended to prevent information presented outside the courtroom from influencing events inside the courtroom, especially in high-profile cases.
Trump is also subject to a gag order in a federal criminal election interference case in Washington. The order limits what he can say about witnesses, lawyers in the case and court officials, but the appeals court allowed him to speak freely about the special prosecutor who brought the case, Jack Smith.
In a recent New York civil fraud trial, Trump responded to comments about a judge’s law clerk after a gag order prohibited trial participants from “posting, emailing, or speaking publicly” about court staff. He was fined a total of $15,000.
The U.S. Supreme Court has recognized that gag orders can conflict with the right to a fair trial and the right to free speech. The court reversed several orders barring news outlets from reporting on certain cases and court proceedings, and rejected Nevada court rules that limited what all lawyers can say outside the courtroom as too vague.
Is Trump fighting a gag order?
yes. Before the trial, he asked the state Court of Appeals to postpone the trial while he appeals the gag order, but the court refused. His appeal of the order itself is ongoing.
Who is subject to the gag order against Trump?
The gag order, which was first invoked on March 26, prohibits President Trump from making public statements or instructing others about the investigation or participation of jurors or “reasonably foreseeable” witnesses in a trial. It is prohibited to do so.
Additionally, any comments regarding the case’s attorneys, court officials, prosecutorial aides, or relatives of any of the above are prohibited to the extent that such comments are intended to cause “serious interference or to cause serious interference to others.” There is. “or with the knowledge that such interference is likely to occur.”
The order does not apply to Judge Juan M. Marchan or Manhattan District Attorney Alvin Bragg, who is prosecuting the case. However, it does apply to comments about family members. Marchan was released on April 1 after Trump lashed out at the daughter of a Democratic political consultant and judge on social media, making claims about her that were later dismissed by court officials. This clause was added to.
As Marchand revealed Thursday, Trump is also allowed to talk about his political opponents.
The order also does not prohibit witnesses from commenting on Mr. Trump. Trump’s former lawyer and potential witness, Michael Cohen, has regularly attacked his former boss, complaining that Trump is unable to respond in kind.
Can Trump testify?
yes. The U.S. Supreme Court has ruled that criminal defendants have a constitutional right to decide whether to represent themselves.
The confusion arose after President Trump said Thursday that he was “not allowed to testify” due to a gag order. In context, it appeared that he was actually referring to his ability to answer reporters’ questions about witness testimony in the courtroom hallway that afternoon.
President Trump clarified to reporters on Friday that he understood the order was not a ban on testimony. Mr. Machan emphasized the same point in court.
“I want to emphasize, Mr. Trump, that you have an absolute right to testify in court, provided you consult with your attorney and do so,” Marchand said.
Why was Trump fined? What can he not say?
Marchan found that Trump violated the gag order with social media posts involving Cohen. Some of the more disturbing posts include one asking whether “disgraced lawyer and felon Michael Cohen will be indicted for lying,” and the New York Post describing Cohen as a “serial perjurer.” There were reposts of articles and Trump’s posts mentioning Fox News host Jesse. Watters’ argument was that liberal activists were lying to infiltrate the jury.
Marchan noted that Trump’s comments on Watters’ show misrepresented what the host actually said and that the comments were “the defendant’s own words.”
Meanwhile, Marchan criticized Trump for an April 10 post in which he called Cohen and Stormy Daniels, porn performers who received $130,000 in hush money, “scumbags” at the heart of the case. refused to impose sanctions.
Trump claimed he was responding to Cohen’s earlier comments, but the judge said the exchange made him hesitant to determine whether the post met the criteria for a violation.
Could Trump really go to jail over a gag order?
When Marchan fined President Trump $1,000 each for nine violations (the maximum amount allowed by law), such a sum is not enough for some wealthy defendants. “Prison may be a necessary punishment,” he wrote.
Mr Machan said he would “not tolerate continued willful violations” of the gag order, adding that “if necessary and appropriate” he would “impose a sentence of imprisonment”, or imprisonment.
It is unclear what qualifies as “necessary and appropriate.”
Defense attorney Todd Blanche indicated in court Friday that he plans to appeal a judge’s finding last week that Trump violated the gag order.
Prosecutors asked Marchand to hold Trump again in contempt and impose fines of $1,000 on each of the four alleged violations between April 22 and April 25. But prosecutors said they were not seeking to detain the former president over those comments because of what happened before Marchand’s prison warning and because they wanted to “minimize disruption to this process.” Prosecutor Christopher Conroy said.