Acting Justice Juan Merchan partially lifted a gag order imposed on former President Trump following his conviction, allowing him to speak about protected witnesses and jurors but barring him from commenting on individual prosecutors and court staff. Trump and his legal team are challenging the remaining portions of the order, arguing that it violates his First Amendment rights.
Acting Justice Juan Merchan has partially lifted the gag order imposed on former President Trump after he was found guilty on all 34 counts of falsifying business records in the first degree. The gag order, which barred Trump from making or directing others to make public statements about witnesses, counsel, court staff, and their family members, was originally imposed to "protect the integrity of the judicial proceedings."
Merchan's decision comes just days after the New York Court of Appeals rejected Trump's bid to have the gag order against him lifted, citing that "no substantial constitutional question is directly involved." However, Merchan noted that the basis for the issuance of the gag order in the first place was "to protect the integrity of the judicial proceedings," which has now ended with the conclusion of the trial.
Trump's Gag Order Partially Lifted as Former President Faces Sentencing
As a result, Trump is now able to speak about protected witnesses and jurors but is still blocked from commenting about individual prosecutors, court staff, and their family members. That portion of the gag order will remain in effect until Trump's sentencing on July 11.
In his order, Merchan wrote that it is the court's "strong preference to extend those protections, but the Court cannot do so on what is now a different record than what the appellate courts relied upon when they rendered their rulings."
Trump's Gag Order Partially Lifted as Former President Faces Sentencing
Trump's attorneys have maintained that the gag order should be lifted, arguing that it violates his First Amendment rights as well as the First Amendment rights of his supporters. They are challenging the remaining portions of the order and argue that it is unconstitutional and prevents Trump from speaking freely about the case.
Steven Cheung, Trump campaign spokesperson, said in a statement, "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."
Trump's Gag Order Partially Lifted as Former President Faces Sentencing
"This is another unlawful decision by a highly conflicted judge, which is blatantly un-American as it gags President Trump, the leading candidate in the 2024 Presidential Election during the upcoming Presidential Debate on Thursday. President Trump and his legal team will immediately challenge today’s unconstitutional order."
Trump's sentencing date is set for July 11, just four days before the Republican National Convention in Milwaukee, where he is expected to be formally nominated as the 2024 Republican presidential nominee. It remains to be seen whether the remaining portions of the gag order will be lifted before then, allowing Trump to fully engage in political discourse as a candidate.
