Former President Donald Trump risks being arrested if he attacks witnesses at his secret trial in New York. But his allies are not covered by the gag order he has repeatedly violated and are increasingly launching attacks that Trump cannot.
On Monday, as former Trump “fixer” Michael Cohen testified that Trump was directly involved in a scheme to eliminate negative stories about him during the 2016 election, Sens. J.D. Vance, R-Ohio, and Tommy Tuberville, R-Ala., ripped into Cohen.
“He’s a convicted criminal” Tuberville said about Cohen at a news conference outside the courthouse. “I mean, this guy is doing an acting thing.”
“Cohen can’t remember how old his son was or how old he was when he started working for Trump, but I’m sure he remembers extremely small details from years ago!” Vance, who is in contention to be Trump’s running mate, wrote in a tone laced with sarcasm tweetstorm on X. “Michael Cohen admitting he secretly recorded his employer. Totally normal conduct, right? The best part is he said he only did it once and only for Trump’s benefit. A stand-up guy!”
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In 2018, Cohen pleaded guilty to lying to Congress about a Trump project in Moscow. At the time of his testimony, he remained loyal to his longtime employer.
The gap between friends and family was exploited by lawmakers and Trump’s sons, Donald Jr. and Eric, the latter of whom participated in parts of the trial. None of them has been accused of any irregularities in the case, which centers on the question of whether the former president falsified business records to increase his 2016 electoral chances, covering up alleged cases that he denies ever occurred.
Trump has frequently denounced the gag order, portraying it as an effort to silence his political speech as he campaigns for a return to the Oval Office. Merchan found him violating the order 10 times, fined him, and warned him in no uncertain terms that further transgressions could result in incarceration.
That’s why Trump supporters say it’s crucial that his defenders voice their demands in the public arena.
“It is more important than usual that all of Trump’s allies speak out loudly against this false accusation, given the unconstitutional gag order that President Trump is being forced to enforce,” said a Trump ally. “They are not allowing Trump to talk about the connections the judge and prosecutor have with the Democrat.[ic] Party and Joe Biden, so it’s up to his biggest supporters to deliver this vital message on his behalf.”
Trump has said he is ready to testify in his own defense at trial, but many legal experts note that his lawyers will likely advise against it.
In addition to the two senators, Rep. Nicole Malliotakis, R-N.Y., and the Republican attorneys general of Iowa and Alabama — Brenna Bird and Steve Marshall — took to the courtroom Monday to support Trump.
“I have been a prosecutor for 30 years and have never witnessed a greater perversion of the criminal justice system than this morning,” Marshall said in a statement to NBC News. confidence in his nominee, but even this circus will not distract Americans from recognizing the failures of this administration.”
Malliotakis, who represents Staten Island and part of Brooklyn, said Trump is being subjected to a “mock trial” that depends on the testimony of a “convicted and expelled from prison perjurer” in Cohen. Although prosecutors used Cohen to present new evidence — including a recording of Trump telling Cohen to use money to buy the story of an alleged affair with Playboy model Karen McDougal — previous witnesses had already testified about key details of the scheme to capture and kill and how payments were made.
The mobilization of allies points to the dual nature of Trump’s current fight: inside the courtroom, his lawyers must convince at least one juror that the prosecution has failed to prove him guilty; outside of it, he must convince voters that he should be elected president, regardless of the outcome of the trial.
And without cameras to capture the trial, the Trump campaign has also distorted the truth about what is happening to supporters, sometimes telling them versions of developments that don’t completely line up with what’s happening in the room.

Jonathan Allen is a senior national politics reporter for NBC News, based in Washington.
Abigail Brooks contributed.
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