Prosecutors seek gag order on Trump in New York hush money trial

Manhattan prosecutors are newly seeking to impose a gag order on former President Trump as his hush money criminal trial approaches, insisting protections are needed for jurors, witnesses and others involved in the case.

The requested restrictions on Trump’s speech mimic those imposed on him in his criminal case in Washington, D.C., and would limit Trump’s ability to make certain public comments during what is slated to be the first-ever criminal trial of a former president.

If granted, Trump would be barred from making statements about court staff, their family members as well as prosecutors other than Manhattan District Attorney Alvin Bragg (D), so long as the statements are made “with the intent to materially interfere with” the case.

It would also prevent Trump from making statements about any jurors.

“And the need for such protection is compelling,” prosecutors wrote in their motion. “Defendant has a long history of making public and inflammatory remarks about the participants in various judicial proceedings against him, including jurors, witnesses, lawyers, and court staff.”

“Those remarks, as well as the inevitable reactions they incite from defendant’s followers and allies, pose a significant and imminent threat to the orderly administration of this criminal proceeding and a substantial likelihood of causing material prejudice,” they added.

The gag order must be approved by Judge Juan Merchan, who oversees the case.

Last spring, Bragg charged Trump with 34 counts of falsifying business records in connection with payments he made to Michael Cohen, Trump’s then-fixer. Cohen had paid off multiple women to stay quiet about affairs they alleged with Trump.

Trump, who denies the affairs, pleaded not guilty.

Soon after he was charged, Trump was placed under a protective order, which prevents him from publicly disclosing materials received through discovery.

But the demand to restrict Trump’s speech marks a major escalation, coming just weeks before he is set to head to trial in the case on March 25.

Trump has attacked the gag orders imposed on him in two other cases. His attorneys have argued in court that they violate their client’s First Amendment right, describing the restrictions as stifling Trump’s core political speech and emphasizing his status as a presidential candidate.

“Today, the 2-tiered system of justice implemented against President Trump is on full display, with the request by another Deranged Democrat prosecutor seeking a restrictive gag order, which if granted, would impose an unconstitutional infringement on President Trump’s First Amendment rights, including his ability to defend himself, and the rights of all Americans to hear from President Trump. This is election interference pure and simple,” Trump campaign spokesman Steven Cheung said in a statement. 

Bragg’s office referenced the other gag orders in their new motion, saying similar protections for witnesses, jurors and court staff are necessary in the hush money case as it becomes the first-ever criminal trial of a former president.

The 331-page request also included dozens of Trump’s Truth Social posts attacking Bragg as well as other prosecutors and judges involved in his cases.

“Those attacks have had direct and serious consequences for his targets. And those harms are multiplied as defendant’s followers take his lead to pursue additional threats, intimidation, and harassment,” prosecutors wrote.

The commanding officer of Bragg’s security detail also submitted a sworn affidavit indicating that Bragg was barely threatened in the year leading up to Trump’s indictment, only for the threats to skyrocket as Trump’s charges went public.

Employees flagged hundreds of phone calls and emails for security review, the commanding officer said, and two letters containing white powder — both later determined to be non-dangerous — were sent to the district attorney’s office last spring. 

Prosecutors’ request for a gag order was filed on Monday alongside other final motions in the lead-up to the trial.

They are also asking Merchan, the judge, to prevent Trump’s lawyers from introducing any evidence at trial on several topics.

The list includes Trump’s suggestion that he is being selectively prosecuted and other defenses the judge already tossed.

Bragg’s office further demanded the judge stop Trump’s team from introducing Justice Department filings that would cast doubt on the credibility of Cohen, Trump’s ex-fixer who made the hush money payments. 

Cohen, who in a separate case pleaded guilty to charges including making false statements, is expected to be a key witness in Trump’s hush money trial.                              

“Defendant may argue or seek to introduce evidence of the Justice Department’s purported views regarding Michael Cohen’s credibility, including claims that he has lied to or withheld evidence from federal investigators or prosecutors in the past,” prosecutors wrote. 

Although Cohen is still subject to cross-examination, prosecutors added, “a witness may not be impeached based on the federal government’s claimed hearsay opinions regarding credibility or prior bad acts.”

Updated: 3:10 p.m.