Legal Team for Donald Trump Opposes Proposed Gag Order in Upcoming Criminal Trial Over Hush-Money Payments – Sky Bulletin
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In recent developments concerning Donald Trump’s impending criminal trial set for March 25 over hush-money payments, his attorneys have cautioned against a proposed gag order by New York prosecutors. The defense argues that such an order would infringe upon the former president’s constitutional rights to free speech, according to filings on Monday.
Prosecutors argue for a “narrowly tailored” order to prevent Trump from publicly commenting on potential witnesses and jurors, as well as to inhibit statements that could interfere with or intimidate court staff, the prosecution, or their relatives. This comes in response to the surge in threats correlating with Trump’s history of provocative public comments related to his legal affairs.
The defense, represented by lawyers Todd Blanche and Susan Necheles, insisted that Trump should retain the right to defend himself against public attacks, especially when figures like his former attorney, Michael Cohen, are actively criticizing him. They claim restrictions would silence Trump during a pivotal moment in his political career ahead of Super Tuesday primaries and as he faces opposing statements from President Joe Biden.
Trump’s lawyers contend that voters are entitled to hear from Trump without censorship on matters relating to the case. They emphasize Trump’s right to address attacks arising from the proceedings, especially since they believe his political detractors will not desist.
The defense concurs with keeping juror identities private for safety reasons. The trial in New York will examine whether Trump’s company falsified records to conceal payments made to Stormy Daniels by Michael Cohen during the 2016 campaign. Trump is indicted on 34 counts of falsifying business records.
Trump has been vocal on social media about the case, causing concern among prosecutors who attribute a rise in threats against District Attorney Alvin Bragg to Trump’s call for protests on social media. The defense, however, denies Trump’s responsibility for such threats.
Gag orders are already in place in Trump’s civil fraud trial and Washington, D.C. election interference case, which have seen him fined for noncompliance. Prosecutors advocate for a gag order quoting Trump’s tendency to use his public platform to assail those involved in legal actions against him.
An order in the Washington federal case was already upheld in late 2022, though narrowed to allow Trump to criticize the special counsel. Mirroring that decision, Manhattan prosecutors propose excluding Bragg from their gag order request. Judge Juan Manuel Merchan has yet to make a ruling.
FAQ – Donald Trump’s Legal Battles and Potential Gag Order
- What is the purpose of the proposed gag order against Donald Trump?
- The gag order is intended to prevent Trump from making public comments that could potentially prejudice potential witnesses and jurors, or intimidate court staff and the prosecution team in the upcoming hush-money trial.
- Why do Trump’s lawyers oppose the gag order?
- Trump’s legal team argues that the gag order would violate his First Amendment rights and prevent him from defending himself against public criticism related to the case.
- What are the charges against Donald Trump in this case?
- Trump is charged with 34 counts of falsifying business records, related to payments made to Stormy Daniels by Michael Cohen during the 2016 presidential campaign to suppress her allegations of an affair.
Conclusion
The debate over a gag order in Donald Trump’s hush-money case underscores the tension between a fair trial and First Amendment rights. With Trump’s attorneys firmly against restrictions on his speech, and prosecutors advocating for measures to protect the judicial process, Judge Merchan’s decision will shape the pre-trial atmosphere. This legal skirmish forms part of the larger narrative of Trump’s ongoing confrontations with the legal system as he prepares for future political campaigns.
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