Topline
Lawyers for former President Donald Trump asked Judge Juan Merchan to terminate the gag order preventing Trump from speaking out against jurors, witnesses and others in the case, arguing the justifications for the gag order are no longer in effect following his conviction on 34 felony counts.
Key Facts
In a letter sent Monday and made public Tuesday, Trump’s lawyer Todd Blanche said now that the trial is concluded, “the concerns articulated by the government and the Court do not justify continued restrictions on the First Amendment rights of President Trump…and the American people.”
Trump’s legal team also said President Joe Biden having a campaign event outside of the courthouse, Biden’s comments after the verdict, “continued public attacks” against Trump by witnesses Stormy Daniels and Michael Cohen and the upcoming presidential debate are all reasons Trump needs “the constitutional mandate for unrestrained campaign advocacy.”
Blanche noted that the team disagreed with the justifications for the gag order in the first place, which was enacted “to protect the integrity of this criminal proceeding and avoid prejudice to the jury” after Trump continually attacked Merchan, his daughter, Manhattan District Attorney Alvin Bragg and several others associated with the case.
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Big Number
10. That’s how many times Trump has violated the gag order put in place against him, leading Merchan to threaten the former president with jail time if he continues to violate it.
What To Watch For
Merchan’s response to the letter. The judge did not lift the gag order after the jury convicted Trump last week, and at least one legal expert speculated that he would be slow to lift the order as “risk continues for the witnesses” and jurors.
Key Background
Trump was found guilty on the 34 felony counts he faced in his Manhattan hush money trial. The trial stemmed from reimbursement checks he sent to Cohen, his former lawyer, after Cohen paid Daniels, an adult film star who alleged she had an affair with Trump, $130,000 to stay quiet about the allegations. With the verdict from the 12-person jury, Trump became the first former or sitting president to be convicted on criminal charges. Trump’s sentencing date is set for July 11, and his team has said it will appeal the conviction. The former president was indicted in the case in March 2023, and the trial began in April and lasted about five weeks. Trump has repeatedly criticized the trial and verdict, saying it is politically motivated, a “witch hunt” and election interference as he is the presumptive nominee for the Republican Party in the November presidential election.