Trump Slapped With Gag Order
Former President Donald Trump has been slapped with a gag order by a New York City court. Manhattan District Attorney Alvin Bragg, who brought the charges against Trump, asked the court for the gag order in an apparent attempt to hamper the current leading Republican candidate for President in 2024 from publicly defending himself against these contentious charges.
As reported:
The New York state judge presiding over the criminal hush money case against Donald Trump issued an order Monday restricting the former president from posting about some evidence in the case on social media.
Judge Juan Merchan largely sided with Manhattan District Attorney Alvin Bragg by limiting what Trump can publicly disclose about new evidence from the prosecution before the case goes to trial.
The order says that “any materials and information provided by the People to the Defense in accordance with their discovery obligations ... shall be used solely for the purposes of preparing a defense in this matter.”
Merchan’s order said anyone with access to the evidence being turned over to Trump’s team by state prosecutors “shall not copy, disseminate or disclose” the material to third parties, including social media platforms, “without prior approval from the court.”
As if that’s not unconstitutional enough, according to the report, the judge also barred Trump from viewing any sensitive records or materials in the case except under supervision, stating the former President may:
[R]eview sensitive “Limited Dissemination Materials” from prosecutors only in the presence of his lawyers and “shall not be permitted to copy, photograph, transcribe, or otherwise independently possess the Limited Dissemination Materials.”
It’s highly unusual to see an order like this, especially so far out from the actual trial. As ACLJ Senior Counsel Andy Economou put it:
It is highly unusual, and I’ve never seen an order like this in 48 years of practicing law, most of which has been as a prosecutor. This is an order that effectively is a gag order and a violation, in my view, of the First Amendment rights of Donald Trump. Not only does he not have the right to look at this evidence and to comment on it and discuss it, but what about his ability to consult with his counsel, and to get counsel’s aid in looking at documents, and preparing a defense, and doing the things that you have to do? He is deprived of so much of that by this order, and it’s a sweeping order. It’s unprecedented, in my opinion, and very ill-advised.
What’s truly baffling here is when the judge’s order talks about limited dissemination materials, which the judge says are only to be reviewed by President Trump while in the presence of his defense counsel. In fact, the order states that the “Defendant shall not be permitted to copy, photograph, transcribe, or otherwise independently possess the Limited Dissemination Materials.” With all due respect to the judge, there could be exculpatory evidence in these materials that could help prove his innocence, yet he’s not allowed to share that information publicly.
And let’s be very clear: President Trump is going to be tried in the court of public opinion long before the trial begins. There will be attack ads taken out against Trump. Articles will be written declaring his guilt for every crime they can dream up. And you can bet President Biden will have plenty to say about the case, and under this gag order, Trump can’t defend himself against any of it. He can’t even take his own copies to review. I’m sorry, but this is not how the Constitution works.
Today’s full Sekulow broadcast includes more analysis of the court order silencing President Trump regarding this trial, as well as how this case could further impact his 2024 presidential campaign. We were also joined by ACLJ Senior Advisor for National Security and Foreign Policy Ric Grenell who called this “par for the course” in D.C. when it comes to dealing with Donald Trump.
Watch the full broadcast below: