Judge alters Donald Trump’s gag order, letting him talk about witnesses, jury after hush money conviction

A judge has modified Donald Trump’s gag order, freeing the former president to comment about witnesses and jurors in his New York hush money criminal trial but keeping court and prosecution staff off limits. Photo / AP

A US judge has modified Donald Trump’s gag order, freeing the former president to comment publicly about witnesses and jurors in the hush money criminal trial that led to his felony conviction, but keeping others connected to the former president’s case off limits until he is sentenced July 11.

Manhattan judge Juan M Merchan’s decision – just days before Trump’s presidential debate with Joe Biden – clears the presumptive Republican nominee to again go on the attack against his former lawyer and fixer Michael Cohen, porn actor Stormy Daniels and other witnesses. Trump was convicted in New York on May 30 of falsifying records to cover up a potential sex scandal, making him the first ex-president convicted of a crime.

In a five-page ruling, Merchan wrote that the gag order was meant to “protect the integrity of the judicial proceedings” and that protections for witnesses and jurors no longer applied now that the trial has ended and the jury has been discharged.

Merchan said it had been his “strong preference” to continue barring Trump from commenting about jurors, whose names have not been made public, but that he couldn’t justify doing so. The judge did leave in place a separate order that prohibits Trump and his lawyers from disclosing the identities of individual jurors or their home or work addresses. Trump lawyer Todd Blanche said after the verdict the defense team has destroyed that information.

“There is ample evidence to justify continued concern for the jurors,” Merchan wrote.

Merchan also left in place a ban on Trump commenting about court staffers, the prosecution team and their families until he is sentenced, writing that they must “continue to perform their lawful duties free from threats, intimidation, harassment, and harm”. That portion of the gag order does not prohibit Trump from commenting about the judge himself or District Attorney Alvin Bragg, whose office prosecuted the case.

Trump’s lawyers had urged Merchan to lift the gag order completely, arguing there was nothing to warrant continued restrictions on Trump’s First Amendment rights after the trial’s conclusion. Trump has said that the gag order has prevented him from defending himself while Cohen and Daniels have continued to pillory him.

Though largely a win for Trump, his campaign spokesperson Steven Cheung criticised the ruling as “another unlawful decision by a highly conflicted judge, which is blatantly un-American as it gags President Trump, the leading candidate in the 2024 Presidential Election during the upcoming Presidential Debate on Thursday”.

Cheung said Trump and his lawyers “will immediately challenge today’s unconstitutional order”, arguing that the portions of the gag order still in effect prevent him from speaking about the judge, whom he alleges had a conflict of interest, or repeating his unfounded claims that Biden directed the prosecution.

The Manhattan DA’s office had asked Merchan to keep the gag order’s ban on comments about jurors in place at least until Trump is sentenced, but said last week they would be OK with allowing Trump to comment about witnesses now that the trial is over.

Donald Trump was in court on a hush money trial.