The legal team representing former President Donald Trump is petitioning a New York judge to remove the gag order that prevents Trump from discussing the criminal hush money case. Trump's attorneys argue that President Joe Biden’s 2024 campaign is leveraging Trump's guilty verdict to undermine him, warranting the lifting of the gag order. This order, in effect since April, prohibits Trump from commenting on the jury, specific witnesses, prosecutors' family members, and the daughter of Judge Juan Merchan, who presided over the case.
The lawyers contend that now that the trial has concluded, there is no longer a need to restrict Trump’s First Amendment rights, especially given his status as a leading candidate in the 2024 presidential election. They cite instances where the Biden campaign has used Trump’s guilty verdict to dissuade voters from supporting Trump.
Trump asks New York judge to lift gag order post-verdict https://t.co/paM8rSmBV5 via @dcexaminer
"The defense attorney cited several precedents they say make their case for lifting the gag order, including Brown v. Harltage, quoting a section that states, “It is simply not the…— Gene Pavlova (@GenePavlova) June 5, 2024
The defense highlighted public remarks made by President Biden and trial witnesses as additional reasons to lift the gag order. They also referenced legal precedents to bolster their argument.
During the trial, the gag order was extended to include Judge Merchan's family after Trump suggested the judge's impartiality was compromised due to his daughter’s connections with elected Democrats who have criticized Trump’s legal issues.
Trump has consistently denounced the gag order, claiming it disrupts the electoral process and alleging that the New York case, along with other criminal charges he faces, are part of a coordinated effort by the Biden administration.
Despite attempts to appeal the gag order, Trump has so far been unsuccessful. He has been fined and held in contempt multiple times for violating the gag order during the trial, which legal experts suggest could influence the judge’s sentencing decision on July 11.