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NY prosecutors urge judge to keep gag order blocking Trump from criticizing jurors who convicted him

Prosecutors on Friday urged the judge overseeing Donald Trump’s criminal hush money case to uphold provisions of a gag order that bar him from criticizing jurors and court staff, while agreeing to lift a restriction on his public statements about trial witnesses. In court papers filed Friday, prosecutors with the Manhattan district attorney’s office argued that portions of the gag order remained necessary given the Republican former president’s “singular history of inflammatory and threatening public statements,” as well as efforts by his supporters to “identify jurors and threaten violence against him.”

Quick Read

  • Gag Order Defense: NY prosecutors request judge to uphold gag order preventing Trump from criticizing jurors and court staff.
  • Prosecutors’ Argument:
  • Highlight Trump’s history of inflammatory and threatening statements.
  • Note efforts by Trump supporters to identify and threaten jurors.
  • Specific Statements: Trump claimed he had the right to seek retribution against trial participants, implying revenge might be justified.
  • Gag Order Details:
  • Issued in March, prohibits Trump from making public statements about witnesses, jurors, and others connected to the case.
  • Does not restrict comments about the judge, Juan M. Merchan, or Manhattan DA Alvin Bragg.
  • Defense Request: Trump’s attorneys call for lifting the order after his conviction, arguing it restricts his First Amendment rights as he campaigns for the White House.
  • Prosecutors’ Concession: Agree to lift restriction on statements about trial witnesses but insist on maintaining the gag order for court staff and prosecution team, excluding Bragg.
  • Threats: Over 60 actionable threats against Bragg, his family, and court staff since April, including posts revealing an employee’s address and photos with sniper sights.
  • Upcoming Ruling: Judge Merchan expected to rule soon, potentially before Trump’s June 27 debate with President Joe Biden.
  • Appeal Denied: NY’s top court declined to hear Trump’s appeal on the gag order, citing lack of substantial constitutional issues.

The Associated Press has the story:

NY prosecutors urge judge to keep gag order blocking Trump from criticizing jurors who convicted him

Newslooks- NEW YORK (AP) —

Prosecutors on Friday urged the judge overseeing Donald Trump’s criminal hush money case to uphold provisions of a gag order that bar him from criticizing jurors and court staff, while agreeing to lift a restriction on his public statements about trial witnesses.

In court papers filed Friday, prosecutors with the Manhattan district attorney’s office argued that portions of the gag order remained necessary given the Republican former president’s “singular history of inflammatory and threatening public statements,” as well as efforts by his supporters to “identify jurors and threaten violence against him.”

“Since the verdict in this case, defendant has not exempted the jurors from his alarming rhetoric that he would have ‘every right’ to seek retribution as president against the participants in this trial as a consequence of his conviction because ’sometimes revenge can be justified,” the filing states.

The gag order, issued in March, prohibited Trump from making or directing others to make public statements about witnesses, jurors and others connected to the case. It does not restrict comments about the judge, Juan M. Merchan, or Manhattan District Attorney Alvin Bragg, whose office prosecuted the case.

FILE – Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024. Manhattan prosecutors are urging the judge overseeing Donald Trump’s criminal hush money case to uphold a gag order that bars the Republican former president from criticizing jurors, court staff, or members of the prosecution that convicted him. In court papers filed Friday, prosecutors with the Manhattan district attorney’s office argued portions of the gag order remained necessary given Trump’s “singular history of inflammatory and threatening public statements.” (AP Photo/Seth Wenig, File)

Attorneys for Trump have called on the judge to lift the order following the culmination of his trial last month, which ended in his conviction on 34 felony counts for falsifying records to cover up a potential sex scandal. Trump, who has denied any wrongdoing, is set to be sentenced on July 11.

Defense attorneys argue Trump should be free to fully address the case as he campaigns for the White House, pointing to comments made by President Joe Biden and the continued public criticism of him by his ex-lawyer Michael Cohen and the porn actor Stormy Daniels, both key prosecution witnesses.

“Now that the trial is concluded, the concerns articulated by the government and the Court do not justify continued restrictions on the First Amendment rights” of Trump, they wrote earlier this month.

FILE – Stormy Daniels appears at an event, May 23, 2018, in West Hollywood, Calif. The hush money trial of former President Donald Trump begins Monday, April 15, 2024, with jury selection. It’s the first criminal trial of a former U.S. commander-in-chief. The charges in the trial center on $130,000 in payments that Trump’s company made to his then-lawyer, Michael Cohen. He paid that sum on Trump’s behalf to keep Daniels from going public, a month before the election, with her claims of a sexual encounter with Trump a decade earlier. (AP Photo/Ringo H.W. Chiu, File)

In their letter, prosecutors agreed that the provision barring statements about trial witnesses no longer needed to be enforced but said the restrictions on statements about court staff and members of the prosecution, excluding Bragg, should remain in place.

They cited an “intensified” threat situation in recent months, with more than 60 “actionable threats” directed against Bragg, his family and court staff since April. The threats include social media posts disclosing the address of an employee of the district attorney’s office and a photo showing sniper sights aimed on people involved in the case, according to police.

Merchan is expected to issue a ruling soon, possibly before Trump’s June 27 debate with President Joe Biden.

Earlier this week, New York’s top court declined to hear Trump’s appeal on the gag order, finding it does not raise “substantial” constitutional issues that would warrant an immediate intervention.

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