By Luc Cohen
NEW YORK (Reuters) – The gag order imposed on donald trump The decision made by a judge at next week’s criminal trial in New York prohibits the former US president from speaking publicly about certain people involved in the case and their families.
Trump has pleaded not guilty to falsifying business records to cover up a $130,000 payment before the 2016 election to stop porn star Stormy Daniels from talking about a sexual encounter she says she had with Trump in 2006. Trump denies the encounter.
See why Judge Juan Merchan imposed the gag order and what it prevents the Republican presidential candidate from doing:
WHAT DOES THE GAG ORDER DO?
The March 26 order bars Trump from making public statements about witnesses regarding his potential testimony and about prosecutors, court staff and their families if those statements are intended to interfere with the case.
On April 1, Merchan extended the gag order to cover his own family members and the family members of Manhattan District Attorney Alvin Bragg, whose office charged Trump. The order does not restrict Trump’s statements about Merchan and Bragg.
WHAT HAPPENS IF TRUMP VIOLATES THE GAG ORDER?
Trump could face fines or prison time if he violates the order.
WHY DID THE JUDGE IMPOSE THE GAG ORDER?
Prosecutors requested the order because they said Trump had a long history of verbally attacking people involved in legal proceedings.
Merchan agreed that some of Trump’s statements were threatening and inflammatory and said there was a risk that such comments could derail the process.
The judge expanded the order to cover his family after Trump belittled his daughter online, calling her a “Rabid Trump Hater” due to her work for a political consulting firm with Democratic clients.
WHAT TRUMP SAYS ABOUT THE ORDER?
Trump’s lawyers urged Merchan not to impose the gag order, arguing that his political opponents had attacked him based on the case and that he should have the right to respond.
After the order was imposed, his campaign said in a statement that it violated his right to free speech.
“A lot of people have gagged me recently because when I speak in New York I explain to people and they understand that these cases are all rigged,” Trump said in a video posted Thursday on his Truth Social website. “It seems fair, doesn’t it, to be gagged? But it isn’t.”
DOES THE ORDER PREVENT TRUMP FROM TALKING ABOUT THE CASE?
No. Merchan wrote that Trump has a constitutional right to speak freely to voters and publicly defend himself. The order applies only to statements about specific individuals.
DID TRUMP COMPLY WITH THE ORDER?
So far, neither prosecutors nor the judge have accused Trump of violating the gag order. Before the March 26 order, Trump repeatedly criticized one of the prosecutors — Matthew Colangelo — by name at a press conference and on social media. Trump has not mentioned it since the order was imposed.
He has not commented further on Merchan’s daughter since the order was expanded, but he also has not deleted the March 28 post on his Truth social media platform where he refers to her by name.
HAS TRUMP FACED OTHER GAG ORDERS?
Yes. Merchan’s gag order is similar to restrictions imposed by a federal judge last year in a criminal case over Trump’s efforts to overturn his 2020 election loss to Democratic President Joe Biden.
Trump also pleaded not guilty in that case.
In a separate civil fraud case over Trump’s business practices, another New York state judge fined him $15,000 last year for twice violating a gag order against public comments about court officials. Trump is appealing a $454.2 million judgment in that case.
(Reporting by Luc Cohen in New York; Editing by Noeleen Walder and Howard Goller)
