The Manhattan district attorney’s office has requested the judge overseeing Donald Trump’s criminal trial regarding hush money payments to expand the gag order. This request aims to prevent the former president from making negative comments about family members of individuals involved in the case.
In a motion addressed to Judge Juan Merchan, the prosecutors emphasized the importance of clarifying or extending the original March 26 Order. They want to ensure that family members of those mentioned in the case are also protected. Additionally, the prosecutors warned Trump that any future violations of the Order will result in sanctions.
Last week, prosecutors requested the judge to clarify if the gag order issued earlier also applied to Trump's comments about family members. Trump's lawyers disagreed, stating that they did not think the order included such a restriction. Both sides are now submitting more legal documents for review.
In their filing, prosecutors urged the court to explicitly prohibit Trump from making public statements about the judge, the District Attorney, and all other individuals mentioned in the order, including family members.
After the gag order preventing Trump from talking about witnesses, jurors, prosecutors, court staff, or their family members, he went on social media last week. The gag order did not apply to District Attorney Alvin Bragg or the judge.
Trump called Merchan "compromised" and even mentioned the judge's daughter, who works at a political consulting firm. He referred to posts on X from an account he claimed belonged to the judge's daughter. However, a court spokesman clarified that the judge's daughter had deactivated her account two years ago and the posts were not hers.
Trump believes he has the right to speak out and defend himself under the First Amendment.
Prosecutors claim that Trump is fully aware of his actions and intentions. They argue that Trump has openly stated for years that he believes in going after his opponents aggressively and fiercely.
Prosecutors are urging the Court to dismiss the idea that the defendant's actions are just political speech. They argue that the recent attacks made by the defendant were not related to campaigning but were instead aimed at unjustly smearing the Court and a family member.
Trump's legal team will be submitting a brief before the judge makes a decision.
Editor's P/S:
This case highlights the ongoing tension between the First Amendment right to free speech and the need to protect individuals involved in legal proceedings from harassment and intimidation. While Trump's supporters may argue that he is simply exercising his right to defend himself, prosecutors argue that his comments have crossed the line into inappropriate and threatening behavior.
The judge's decision will need to balance these competing interests. On one hand, the First Amendment is a fundamental right that should be protected. On the other hand, the court has a responsibility to ensure that all parties involved in the case are treated fairly and without fear of reprisal. It will be interesting to see how the judge ultimately rules on this issue. specific and tangible impact on the ongoing trial in order to justify further restrictions on his speech. If they can do so, the judge may be inclined to grant their request for an expanded gag order. However, if the judge finds that Trump's comments are simply political speech protected by the First Amendment, he may reject the request and allow Trump to continue speaking out about the case.