In the unprecedented criminal trial of former President Donald Trump, Judge Juan Merchan's silence order has added another layer of complexity to an already unique legal circumstance.
Trump, the presumptive Republican nominee for the 2024 presidential election just six months away, is barred from speaking about the witnesses in his case, the jury and members of the district attorney's staff — with the exception of Manhattan District Attorney Alvin Bragg himself . Anyone led by Trump is also not allowed to speak about these matters.
On April 2, the silence order was expanded to ban Trump from speaking about the judge's family members, including his daughter, who works as a Democratic consultant and has represented Democratic elected officials such as Vice President Kamala Harris and Rep. Adam Schiff. D-California.
In a Truth Social post, Trump mentioned Merchan's daughter by name, noted her workplace and referenced a social media post with a photo showing Trump behind bars. The Manhattan court has ruled that the account does not belong to Merchan's daughter.
Trump's legal team appealed the silence order after Merchan determined Trump had violated the ban. The judge also imposed $10,000 in fines and even threatened jail time if he continues to violate court rules.
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Former President Donald Trump awaits the start of proceedings at the Manhattan Criminal Court, Monday, April 22, 2024, in New York. (AP Photo/Yuki Iwamura, Swimming Pool)
The New York Appellate Division on Wednesday granted the Trump team's request for an expedited briefing timeline to appeal the silence order.
The prosecution now has a May 15 deadline to file a response brief; Trump's lawyers have until May 20 to file their response. All briefing documents are sealed by judge order, so the details of the appeal and specific challenges to the order are not public.
But a source close to the campaign says the Appellate Division appears inclined to move more quickly than it normally would.
Trump's lawyers argued to Merchan that the gag order was one-sided and that it only applied to Trump and not other expected witnesses. Trump's ex-lawyer Michael Cohen, who is expected to take the witness stand Monday, has made disparaging comments about Trump on social media, raised money for the cause and worn a T-shirt depicting Trump behind bars, but the gag order prevents Trump or his team to respond publicly.
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Republican presidential candidate and former President Donald Trump gestures to supporters during an election night watch party at the State Fairgrounds on February 24, 2024 in Columbia, SC (Win McNamee/Getty Images)
Trump's team had also argued that Merchan has an irreparable conflict of interest as his daughter is accused of actively helping her clients profit from the lawsuit.
They have also argued that the gag order improperly prohibits Trump from commenting on Michael Colangelo's involvement in the case. Colangelo is a former senior Justice Department political official who worked in the New York attorney general's office on other Trump prosecutions. Trump's lawyers have argued that the gag order unfairly prevents discourse about what they see as Colangelo's possible political motivations.
Gregory Germain, a law professor at Syracuse University, told Fox News Digital that if the issue went before the Supreme Court, he was “confident” the silence order would be overturned.
“The Supreme Court would be very concerned about silencing a presidential candidate during an election because he criticizes the court or the process in such a broad way. A very limited order to protect the identities of jurors or secret witnesses could be in effect, but would prevent Trump from speaking about well-known witnesses like Stormy Daniels and Michael Cohen, who talk about him on the lecture circuit or the political nature of the trial criticism cannot be justified under the highly restrictive standard for prior restrictions on freedom of expression,” Germain said. .
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Republican presidential candidate and former U.S. President Donald Trump points to supporters at the end of a campaign rally at the Atkinson Country Club on January 16, 2024 in Atkinson, NH (Brandon Bell/Getty Images)
Germain noted that the issue is remote from the Supreme Court and that the Appellate Division “may not have the same respect for the serious constitutional issues raised by such a silence order.” They might delay or try to tinker with the request. with the language.”
“But the issue will become a constitutional crisis if Judge Merchan jails Trump for contempt. If that happens, and it seems like a real possibility since Merchan and Trump are engaged in a game of chicken over the issue, I wouldn't be surprised to see an emergency request to the Supreme Court granted if the Appellate Division doesn't take the matter seriously now takes,” he said.
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“If the Appellate Division is wise, they will return the order to Judge Merchan with strict instructions to very specifically limit the order to threats that pose an imminent danger of violence or lawlessness. Merely the fear that a deranged supporter might respond with violence does not help. meet the constitutional test.”
Trump campaign spokesman Steven Cheung said: “The gag order imposed by conflicted Judge Juan Merchan in the lawless Manhattan DA case is unconstitutional and un-American.”
