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Is Trump still under a gag order after his conviction? He thinks so, but the answer isn’t clear

Donald Trump said he remains muzzled by a gag order after his conviction in his hush money criminal trial. His lawyer said he thinks the gag order was supposed to expire with the verdict and he may seek clarity from the court. “I’m under a gag order, nasty gag order,” the former president said Friday while speaking to reporters at Trump Tower. Referring to star prosecution witness Michael Cohen, Trump said: “I’m not allowed to use his name because of the gag order.” But, despite saying he believes he’s still subject to the order banning comments about witnesses and others connected to his case, Trump again lashed out at his former lawyer-turned-courtroom foe.

Quick Read

  • Donald Trump claims he is still under a gag order after his conviction in the hush money trial.
  • His lawyer, Todd Blanche, believes the gag order was supposed to expire with the verdict and may seek clarification from the court.
  • Trump expressed frustration about the gag order while speaking to reporters, avoiding directly naming key witness Michael Cohen but using derogatory language.
  • Trump was convicted on 34 counts of falsifying business records related to a hush money payment to Stormy Daniels before the 2016 election.
  • Sentencing is scheduled for July 11.
  • Blanche believes the gag order should not apply post-verdict, given that witnesses like Michael Cohen are no longer part of the trial.
  • Judge Juan M. Merchan fined Trump $10,000 during the trial for violating the gag order and threatened jail time for further violations.
  • The state court system issued a statement saying the order is public and self-explanatory, without clarifying its current applicability.
  • The gag order was imposed on March 26, before the trial, to prevent Trump from attacking people involved in the case.
  • The gag order was later expanded to include comments about Judge Merchan’s family after Trump attacked the judge’s daughter on social media.
  • Trump’s derogatory term for Cohen before the trial was flagged but not sanctioned by the judge.
  • A state appeals court upheld the gag order during the trial, balancing Trump’s free speech rights with the need to ensure fair administration of justice and protect those related to the case from threats and harassment.

The Associated Press has the story:

Is Trump still under a gag order after his conviction? He thinks so, but the answer isn’t clear

Newslooks- NEW YORK (AP) —

Donald Trump said he remains muzzled by a gag order after his conviction in his hush money criminal trial. His lawyer said he thinks the gag order was supposed to expire with the verdict and he may seek clarity from the court. “I’m under a gag order, nasty gag order,” the former president said Friday while speaking to reporters at Trump Tower. Referring to star prosecution witness Michael Cohen, Trump said: “I’m not allowed to use his name because of the gag order.” But, despite saying he believes he’s still subject to the order banning comments about witnesses and others connected to his case, Trump again lashed out at his former lawyer-turned-courtroom foe.

Former President Donald Trump arrives to speak at a news conference at Trump Tower, Friday, May 31, 2024, in New York. A day after a New York jury found Trump guilty of 34 felony charges, the presumptive Republican presidential nominee addressed the conviction and likely attempt to cast his campaign in a new light. (AP Photo/Julia Nikhinson)

Without naming Cohen, Trump called him “a sleazebag,” using the same language that the Manhattan district attorney’s office flagged before the trial as a possible violation.

“Everybody knows that. Took me a while to find out,” Trump added during a 33-minute speech in which he fumed against the guilty verdict and repeated unfounded claims that his rival, President Joe Biden, had influenced the prosecution.

Trump was convicted Thursday of 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a hush money payment to porn actor Stormy Daniels just before the 2016 election. She claims she had a sexual encounter with Trump a decade earlier, which he denies. He is scheduled to be sentenced July 11.

Trump lawyer Todd Blanche said Friday that it was his understanding that the gag order would be lifted when the trial ended with a verdict, because that’s how prosecutors framed their request when they sought the restrictions back in February.

Attorney Todd Blanche listens as his client former President Donald Trump speaks as hearrives at Manhattan criminal court during jury deliberations in his criminal hush money trial in New York, Thursday, May 30, 2024. (Michael M. Santiago/Pool Photo via AP)

But, Blanche said, he thinks Trump is still trying to be careful because it isn’t clear to him whether that’s actually happened. During the trial, Judge Juan M. Merchan held Trump in contempt of court, fined him $10,000 for violating the gag order and threatened to put him in jail if he did it again.

“I don’t want President Trump to violate the gag order,” Blanche said. “I don’t think it applies anymore. I feel like the trial is over and it shouldn’t.”

“It’s a little bit of the theater of the absurd at this point, right? Michael Cohen is no longer a witness in this trial,” Blanche added. “The trial is over. The same thing with all the other witnesses. So, we’ll see. I don’t mean that in any way as being disrespectful of the judge and the process. I just want to be careful and understand when it no longer applies.”

Former President Donald Trump speaks during a news conference at Trump Tower, Friday, May 31, 2024, in New York. A day after a New York jury found Trump guilty of 34 felony charges, the presumptive Republican presidential nominee addressed the conviction and likely attempt to cast his campaign in a new light. (AP Photo/Julia Nikhinson)

In a statement, a spokesperson for the state court system said: “The order is part of the court record that has been made publicly available and it speaks for itself.” The statement didn’t say what part of the order it meant, though in issuing the order, Merchan noted that prosecutors had sought the restrictions “for the duration of the trial.”

A message seeking comment was left for the Manhattan DA’s office.

Merchan imposed the gag order on March 26, a few weeks before the start of the trial, after prosecutors raised concerns about the presumptive Republican presidential nominee’s propensity to attack people involved in his cases. It barred him from publicly commenting about witnesses, jurors and others connected to his hush money case.

Former President Donald Trump speaks to the media alongside his attorney Todd Blanche after the conclusion of his hush money trial in New York, Thursday, May 30, 2024. (Michael M. Santiago/Pool Photo via AP)

Merchan later expanded it to prohibit comments about his own family after Trump made social media posts attacking the judge’s daughter, a Democratic political consultant, and raised false claims about her.

Trump’s use of the term “sleazebag” to describe Cohen just before the trial rankled prosecutors, but was not considered a gag order violation by the judge. Merchan declined to sanction Trump for an April 10 social media post, which referred to Cohen and Daniels, another key prosecution witness, by that insult.

The judge said at the time that Trump’s contention that he was responding to previous posts by Cohen that were critical of him “is sufficient to give” him pause as to whether prosecutors met their burden in demonstrating that the post was out of bounds.

Former President Donald Trump departs after speaking at a news conference at Trump Tower, Friday, May 31, 2024, in New York. A day after a New York jury found Donald Trump guilty of 34 felony charges, the presumptive Republican presidential nominee addressed the conviction and likely attempt to cast his campaign in a new light. (AP Photo/Julia Nikhinson)

A state appeals court this month rejected Trump’s request to lift some or all of the gag order during the trial, finding that Merchan properly determined Trump’s public statements “posed a significant threat to the integrity of the testimony of witnesses and potential witnesses.”

The state’s mid-level appeals court ruled that “Merchan properly weighed” Trump’s free speech rights against the “historical commitment to ensuring the fair administration of justice in criminal cases, and the right of persons related or tangentially related to the criminal proceedings from being free from threats, intimidation, harassment, and harm.”

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