The judge overseeing Donald Trump’s first criminal trial will consider today whether the former president should be fined for repeatedly violating the gag order barring Trump from publicly discussing witnesses or jurors in the criminal hush money case.
Here’s what to know about the gag order imposed on Trump by Judge Juan Merchan in late March:
Why was it imposed? Merchan implemented the gag order because, he said, the former president has a history of making “threatening, inflammatory, denigrating” statements against people at all levels of the justice system, including jurors. According to CNN Senior Legal Analyst Elie Honig, the fundamental reason for the gag order is to protect members of the jury.
What does it do? The ruling limits the former president from making statements about potential witnesses in his hush money criminal trial. It prevents Trump from criticizing his former attorney, Michael Cohen, or adult film star Stormy Daniels, who will be witnesses at trial. But it does not prevent Trump from talking about New York District Attorney Alvin Bragg, who is a public figure, or Merchan himself.
Merchan also ruled that Trump can’t make statements about attorneys, court staff or the family members of prosecutors, lawyers, family members of the court and family members of the Manhattan district attorney. Trump is also barred from making statements about any potential or actual juror.
What does Trump say? Trump and his attorneys have argued that as the leading Republican candidate for president, Trump’s speech should not be restricted as he appeals to voters in the 2024 election. When Merchan expanded the original order to include family members of the court in early April, Trump’s lawyers indicated they would appeal it, arguing it went too far.
