Trump Get Gag Order In Manhattan DA Case? What That Would Mean—And Why It Could Land Him In Prison
Former President Donald Trump is set to be arraigned on Tuesday, April 5, 2023, after he was indicted by the Manhattan district attorney's office on charges stemming from "hush money" payments made in 2016 to adult film actress Stormy Daniels. The indictment is still under seal, but it is believed to include more than 30 counts against Trump, including multiple charges for falsifying business records and at least one felony offense.
Manhattan DA Case?
Legal experts cited by various news outlets have said it's possible and even "extremely likely" that the court could impose a gag order on Trump, particularly given security concerns arising from his attacks on prosecutors or other figures in the case. However, there are First Amendment issues to consider, given that Trump is running for president, which could make any broad restrictions on his speech legally problematic.
What That Would Mean—And Why It Could Land Him In Prison
A gag order is an order imposed by a judge in a criminal or civil case that blocks a party (including attorneys or witnesses) from publicly talking about the case, though the exact terms of the order and what can and cannot be said vary. If a gag order is violated, the party could be held in contempt of court, which in New York carries a punishment of a $1,000 fine and/or up to 30 days in prison.
Katie Townsend, deputy executive director and legal director of the Reporters Committee for Freedom of the Press, told Bloomberg that any gag order would likely be "narrowly tailored" to only cover certain kinds of information about the case. It's most likely a gag order would be put on Trump when he's arraigned on Tuesday as a condition for his release from custody, according to former federal prosecutor Duncan Levin, who represented media mogul Harvey Weinstein and fake heiress Anna Sorokin. Trump's attorneys could also be barred from publicly discussing the case so as to not taint the jury pool ahead of a trial.
Manhattan on Tuesday and will be arraigned,
The order would be issued by New York Supreme Court Justice Juan Merchan, the judge presiding over the case. Levin has described Merchan as an "absolutely no-nonsense judge" who Trump has already attacked on social media. If a gag order is imposed on Trump, it could be the first test of the order if he makes a public speech on Tuesday night from his Mar-a-Lago estate after his arraignment.
Media organizations have asked the court to televise the arraignment, but it is still unclear if the judge will comply. Trump is scheduled to surrender in Manhattan on Tuesday, and will be fingerprinted and arraigned before being released ahead of trial. According to sources cited by CNN, Trump may not have a mug shot taken, as his appearance is "already widely known" and there are concerns about leaks. Trump's attorney said he will not be handcuffed.
Trump has already lashed out against the charges, calling it "Political Persecution and Election Interference at the highest level in history" and has publicly attacked Manhattan DA Alvin Bragg for being politically biased against him. The possibility of Trump facing a gag order comes as the Guardian reports the ex-president is wanting to escalate his attacks on Bragg even further, telling advisors he wants to go on "offense" and politically "rough 'em up." Trump Get Gag Order In Manhattan DA Case?
If Trump violates a gag order against him, Levin told Insider the court would likely give him a few chances before holding him in contempt of court, rather than immediately punishing him upon a first offense. Nonetheless, Levin warned that the proceedings would change Trump's life, noting that he is now a criminal defendant and that many of his rights will be stripped away.
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