- Trump and Manhattan prosecutors are arguing over the scope of the silence order imposed this week.
- Prosecutors say it prohibits the verbal attacks Trump launched against the judge’s progressive daughter.
- Trump is now asking the judge to agree that the attacks on the girl be authorized.
Donald Trump’s lawyers made an extraordinary request Friday in his hush-hush case: They want state Supreme Court Justice Juan Merchan to assert that Tuesday’s hush order allows Trump to continue attacking verbally the judge’s progressive daughter.
The two-page letter essentially shows Trump asking Merchan this question: Judge, can you tell the prosecutors that I can continue to denigrate your daughter?
Gagged on Tuesday, Trump only waited until Wednesday before attacking Truth Social and attacking both the judge and his daughter, Loren Merchan, a Democratic political consultant.
The judge’s daughter “just posted a photo of me behind bars, her obvious goal,” the Republican Party frontrunner complained, referring to a social media account that court officials quickly dismissed as a hoax.
Prosecutors reacted angrily Thursday, telling the judge in their own letter that Trump’s attacks on Loren Merchan were “contumacious,” meaning deliberately disobedient to authority.
Prosecutors requested permission to formally file a motion asking the judge to “clarify or confirm” that Tuesday’s hush order “protects the court’s family members, the district attorney and all others mentioned in the order”.
Their motion, if granted, would ask the judge to “order the accused to immediately stop attacking members of his family.”
Otherwise, Trump’s “invective” will make potential trial witnesses and potential jurors fear similar attacks, prosecutor Joshua Steinglass argued.
“This fear is not hypothetical: during the preparation for trial, several potential witnesses have already expressed serious concerns to the People regarding their own safety and that of their family members if they appeared as witnesses against the accused.” , wrote Steinglass.
Trump responded Friday through his lawyers, reinforcing his right to attack Loren Merchan and countering that the silence order clearly authorizes statements about the judge’s family.
No “clarification” is necessary, Trump replied in Friday’s letter, signed by his two top secrecy lawyers, Susan Necheles and Todd Blanche.
“Contrary to the People’s suggestion, the Court cannot ‘order’ President Trump to do anything that silence does not require,” the letter read.
Indeed, while silence prohibits statements about witnesses, jurors, prosecutors, and court staff – as well as the families of prosecutors and court staff – it does not prohibit statements about the “court.” himself, that is to say the judge. It also does not mention members of the judge’s family.
Likewise, gag declarations on the staff members District Attorney Alvin Bragg and the families of these staff members. But that doesn’t specifically protect Bragg himself or his family members.
If Merchan were to say now that his own family members are covered, as prosecutors hope, then the judge would actually expand, rather than clarify, the silence order, the defense countered.
That would open a whole new legal Pandora’s box, inviting lengthy debates about First Amendment constraints against prior restraint of speech, the defense threatened.
“Given the sensitivities associated with prior restrictions, if the Court wishes to consider such an expansion, a full opportunity for full adversarial information is necessary,” Friday’s defense letter said.
Such a briefing would be especially necessary given that Merchan’s daughter “actively supports the contradictory campaign rhetoric of President Trump’s political opponents,” the defense said.
Loren Mercan helps lead progressive Chicago-based consulting firm Authentic campaigns. The firm worked on campaigns for Trump’s primary rivals, including Biden, Harris, House Minority Leader Hakeem Jeffries and California Governor Gavin Newsom.
The next step in this battle over Trump’s silence order now takes place in Merchan’s court, so to speak.
As the April 15 trial start date approaches, Merchan must choose between protecting his daughter and avoiding a potentially lengthy “pre-restraint” battle.
Alternatively, he could expand or clarify the silence order to protect family members and deny further motions on the subject.
It’s unclear when — or if — he will agree to prosecutors’ request to allow a full exchange of motions on whether a “clarification” of the gag order is necessary.
businessinsider
