Judge Juan Merchan has partially lifted the gag order previously imposed on former President Donald Trump. This decision comes weeks after a jury found Trump guilty on all counts in his New York hush-money case. The modification allows Trump to speak publicly about certain aspects of his trial while maintaining restrictions on other sensitive topics.
Initially, the gag order barred Trump from making or directing public statements about witnesses, counsel (excluding Manhattan District Attorney Alvin Bragg), court staff, DA staff, or their family members. However, with the trial now concluded, Judge Merchan decided to adjust these restrictions.
"The trial portion of these proceedings ended when the verdict was rendered, and the jury discharged," Judge Merchan stated in his order. He emphasized that the initial gag order was meant "to protect the integrity of the judicial proceedings." Despite Trump's appeals, the court had upheld the order until this recent change.
Following this adjustment, Trump can now discuss protected witnesses and jurors. However, the order still restricts him from commenting on individual prosecutors, court staff, and their families until his sentencing on July 11. This partial lift comes just days after the New York Court of Appeals rejected Trump's attempt to have the gag order fully removed, citing a lack of a "substantial constitutional question."
Steven Cheung, a spokesperson for Trump's campaign, criticized the decision, stating, "Today's order by Acting Justice Merchan leaves in place portions of the unconstitutional Gag Order, preventing President Trump from speaking freely about Judge Merchan's disqualifying conflicts and the overwhelming evidence exposing this whole Crooked Joe Biden-directed Witch Hunt." Cheung described the decision as "blatantly un-American" and emphasized that it gags Trump during the upcoming presidential debate on Thursday. He also confirmed that Trump's legal team would immediately challenge the order.
Last month, Trump was found guilty on all 34 counts of falsifying business records in the first degree. The charges stemmed from payments made to cover up allegations of an extramarital affair during the 2016 election campaign, a case brought forward by Manhattan DA Alvin Bragg.
Throughout the trial, Trump's legal team argued that the gag order violated his First Amendment rights and the rights of his supporters. They have been fighting to lift the order, especially before the presidential debate on June 27, to allow Trump to speak freely during the campaign.
Judge Merchan acknowledged the court's preference to extend protections for those involved in the case but noted that the appellate court rulings were based on the record during the trial. "The Court cannot do so on what is now a different record than what the appellate courts relied upon when they rendered their rulings," he wrote.
Despite the partial lift, Judge Merchan emphasized the ongoing need to protect court staff and prosecutors from potential threats and intimidation. "Until sentence is imposed, all individuals ... must continue to perform their lawful duties free from threats, intimidation, harassment, and harm," he stated.
The sentencing, scheduled for July 11, comes just four days before the Republican National Convention in Milwaukee, where Trump is expected to be formally nominated as the 2024 Republican presidential candidate. This timing adds another layer of complexity to the already tumultuous political landscape surrounding the former president.
