Former President Donald Trump requested that the judge in his Criminal trial in New York end the limited gag order this prevents him from commenting on witnesses, prosecutors, jurors, court staff and their relatives. His lawyer, Todd Blanche, filed a letter Tuesday saying the silence was no longer justified.
On Thursday, Trump was found guilty of all 34 counts of falsification of business records by a unanimous jury, making him the first former president ever convicted of a crime.
“Now that the trial has concluded, the concerns expressed by the Government and the Court do not warrant restrictions on the First Amendment rights of President Trump – who remains the leading candidate in the 2024 presidential election – and the American people,” Blanche wrote.
Trump’s lawyer argued that the need for “frantic campaign advocacy is even stronger in light” of President Biden’s recent comments about the verdict, “continued attacks” on Trump by witnesses of the Stormy Daniels and Michael Cohen government, and the next first presidential debate on June 27.
In the letter, Blanche also noted that “the defense does not admit that there was ever a valid basis for the silencing order and reserves the right to challenge the irreparable First Amendment harm caused by the order “.
Judge Juan Merchan placed the gag order on Trump before the trial began, due to concerns about threats against potential witnesses, jurors, court staff and prosecutors handling the case. When Trump then persistently attacked the judge’s daughter, Merchan extended the silence order to prohibit Trump from attacking her family members and those of District Attorney Alvin Bragg. Trump was still allowed to criticize Bragg and the judge.
Merchan said at the time that Trump’s rhetoric posed a “threat to the integrity of the judicial process” and “caused those subpoenaed or called to participate in the proceedings to fear that not only they, but also members of the court their families, be “fair”. “Game” for the accused’s vitriol.
Yet Trump continued to make comments about people affiliated with the trial, including Daniels, Cohen and the jury. During jury selection, several potential jurors asked to be excused, citing fears for their safety.
During the trial, Merchan found that Trump violated the silence order 10 times. Trump was fined $1,000 per violation and threatened with incarceration if the violations continued.
As his sentencing approaches on July 11, just four days before the Republican National Convention, Trump could risk a harsher sentence if he decides to comment on people protected by the gag order. In determining his sentence, the judge has discretion and may consider factors such as Trump’s conduct, prior violations of the silence order and lack of remorse.
Trump faces up to four years in prison and a $5,000 fine per felony conviction.
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