A Manhattan judge, Juan M. Merchan, made a significant decision on Tuesday to modify Donald Trump’s gag order, allowing the former president to publicly comment on witnesses and jurors involved in his recent hush money criminal trial. However, certain restrictions remain in place until Trump’s sentencing on July 11.
The ruling, issued just days before Trump’s scheduled debate with President Joe Biden, permits him to resume public criticism of key figures in the trial, including his former lawyer Michael Cohen and adult film actor Stormy Daniels. Trump had been convicted on May 30 in New York of falsifying records related to a potential sex scandal, marking the first instance of a former U.S. president being convicted of a crime.
Judge Merchan emphasized in his five-page decision that the original gag order was intended to safeguard the integrity of the judicial process, particularly to protect the anonymity and safety of jurors. With the trial concluded and the jury discharged, Merchan acknowledged that protections for jurors no longer applied, though he maintained restrictions on disclosing juror identities and addresses.
While Merchan lifted some aspects of the gag order, he retained prohibitions on Trump commenting about court staff, the prosecution team, and their families until after sentencing. The judge emphasized the importance of ensuring that these individuals can perform their duties without fear of harassment or intimidation.
Trump’s legal team had argued for the complete lifting of the gag order, asserting that it infringed upon his First Amendment rights now that the trial had ended. They contended that Trump should be allowed to defend himself against ongoing criticism from Cohen and Daniels, who have continued to publicly disparage him.
Despite the modified restrictions, Trump’s campaign spokesperson, Steven Cheung, criticized the ruling as “unlawful” and pledged to challenge it immediately. Cheung argued that the remaining provisions of the gag order unfairly stifled Trump’s ability to engage in campaign advocacy, especially during critical events like presidential debates.
The Manhattan District Attorney’s office, while initially advocating for continued restrictions, expressed acceptance of Trump’s ability to comment on witnesses post-trial. Michael Cohen, who testified against Trump during the trial, responded to the ruling with a statement underscoring Trump’s failure to discredit him or evade accountability.
Stormy Daniels’ lawyer, Clark Brewster, acknowledged the judge’s decision while emphasizing the necessity of curbing Trump’s “reckless and unrelenting character attacks” on judicial personnel and trial witnesses.
Trump’s conviction stemmed from allegations that he attempted to cover up a payment to Daniels before the 2016 election, related to her claim of a previous sexual encounter with him, which Trump denies. The severity of Trump’s punishment, which could include imprisonment, probation, or a fine, remains uncertain pending sentencing.
Throughout the legal proceedings, Trump repeatedly challenged the gag order’s constraints, including comments made about the jury makeup and trial venue. His legal team had previously petitioned Merchan to lift the order, arguing that Trump deserved the freedom to respond to criticisms and defend his reputation.
The saga continues to draw widespread attention as Trump prepares to navigate the legal aftermath of his conviction while maintaining an active presence in the political arena ahead of the 2024 presidential election.