![]() ![]() TM: What do you say about the likely argument that this would be infringing on the former president’s first amendment rights?ĭL: This is an issue that comes up often and gag orders have routinely been found to be legal, and constitutional. Trump is facing multiple charges of falsifying business records, including at least one felony offense, in the indictment handed up by a Manhattan grand jury. Former President Donald Trump is expected to travel to New York to face charges related to hush money payments. Security forces gather outside Manhattan Criminal Court, Monday, April 3, 2023, in New York. But at the same time, the judge is trying to maintain control over the facts that are coming out in some of these pretrial court appearances. This is something that would be hard to avoid if you were trying to avoid it. Obviously, jurists here in New York are very familiar with Mr. I think the point of that is to try to not taint a potential jury pool. Trump, as well as to all of the lawyers who are in front of him on both sides, that they’re not to be litigating the case in public. I think it’s likely that the court will say to Mr. TM: How broad or narrow do you believe a gag order could be?ĭL: Generally speaking, gag orders are limited to the subject matter of the litigation. But gag orders are relatively common in New York courts, and I think that everybody familiar with cases like this widely expects the judge to implement a gag order. It’s obviously a very unusual case and in every way possible, he’s not your typical defendant. That’s just something that the court won’t abide and often doesn’t abide. He’s speaking out on social media platforms and elsewhere about the case. I think what tips the scale is the fact that Trump, who is now a criminal defendant, facing criminal charges, is making lots of comments, extra-judicially about the case. ![]() In this particular case, where there’s a lot of pretrial publicity, and you have a high-profile defendant, it makes it even more likely. The first is that gag orders are relatively common in criminal cases. Why is that?ĭuncan Levin: I think there are a number of factors that make it likely that there’ll be a gag order in the case. Tom Miller: With the former president’s arraignment on Tuesday, you’ve said you expect a gag order to be part of the terms of his release. (AP Photo/Marta Lavandier) Q&A on the possibility of a gag order A pedestrian walks by the entrance of the Mar-a-Lago club, Monday, April 3, 2023, in Palm Beach, Fla. Levin said a gag order could be issued as soon as Tuesday, before Trump’s scheduled rally at Mar-a-Lago. Now a private criminal defense attorney in New York, Levin said gag orders are relatively common there, and “widely expected” in the Trump case. (KXAN) - Former President Donald Trump may no longer be able to sound off about the criminal case against him in just a matter of hours or days.Īcting New York Supreme Court Judge Juan Merchan will likely issue a gag order in the criminal case, according to a former senior staffer in the Manhattan District Attorney’s Office, Duncan Levin. ![]()
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