Should Donald Trump Be Gagged During Stormy Daniels Case? We know former President Donald Trump has a big mouth, but will he use it to make commentary during the current indictment against him?
Doandl Trump will be in court on April 4 to be arraigned in association with actions regarding a hush money payment to adult video actress Stormy Daniels.
His large megaphone on social media could amplify continued claims that the case against him is a political witch hunt.
The judge could decide at the arraignment whether to impose a gag order on Trump throughout the adjudication of the case.
What happens if a gag order does get issued?
What Would He Say?
Donald Trump would like nothing better than to opine about the case such as claiming the proceedings are interfering with his re-election effort or to show that the judge and prosecutor is biased against him.
The Judge Has a Big Decision to Make
This case is in unchartered legal waters.
The specific charges against Trump will be unveiled and district attorney Alvin Bragg may file a motion to request Trump refrain from talking to the media or posting on his social network app Truth Social.
Judge Juan Merchan would take that under advisement and determine Donald Trump could be forced to stop making public comments about the upcoming trial.
Donald Trump Has Targeted the Judge for Criticism
Trump has already been vocal about the case. He has referred to Merchan as a “Trump hating judge.” Bragg has been a frequent target of Trump criticism. Trump posted when he departed for New York to attend his arraignment that the proceedings were a “WITCH HUNT, as our once great Country is going to HELL!”
If placed on a gag order, the only thing public that Trump and his attorneys could share would be official court proceedings such as motions, pleas, and other court filings. Journalists, of course, would prefer the judge allow Trump and his attorneys to comment, but the judge would want to ensure that the trial not descend into a circus.
Not As Many Media Coverage Inside the Courtroom
This will be a trial that the world is watching, and the judge has already ruled the use of cameras in the courtroom be limited. The arraignment, for example, will not be aired live by television broadcasters.
However, the judge will allow five still-photographers to take photos of Trump before the arraignment starts. Trump’s legal team has signaled that it does not want cameras in the court room because of security concerns.
Donald Trump has already used the indictment as a way to raise at least $7 million for his campaign. Without a gag order, Trump’s running commentary with his supporters could possibly affect the jury. He would also likely continue to insult the judge and the prosecutor.
If the gag order motion is filed by the district attorney, Trump’s legal team is likely to argue that the former president’s First Amendment rights would be trampled upon.
A Trump campaign spokesman already made comments about a potential gag order. “President Trump stands for transparency and our American Constitution, and any attempt to prevent him, the leading candidate for President, from exercising his First Amendment right is a tyrannical, third-world country move which further proves that this is nothing more than a political witch-hunt utilizing a weaponized justice system.”
Merchan has already presided over a case related to the Trump Organization in which the corporation had to pay a fine for tax fraud and another trial against the organization’s Chief Financial Officer Allen Weisselberg last year. Trump is likely to continue to claim that the judge is biased against him, even though his lawyers have denied the judge is being discriminatory.
MORE: Is AOC a Sellout?
MORE: Hunter Biden Has a Big China Problem
MORE: Kamala Harris ‘Seems to Be An Albatross’
MORE: Pete Buttigieg: Running for President?
MORE: What Trump Getting Arrested Could Look Like
Trump’s future commentary could also lead to protests around the courthouse – something the judge would like to avoid. Without a gag order, Trump could implore his supporters to take to the streets. You are likely to see an intense police presence during future court proceedings.
The former president would like nothing better to tell his side of the story to the public while this unprecedented case proceeds. He may have to remain silent throughout and this could make the prosecutors happy that his rhetoric would be limited.
Author Expertise and Experience:
Serving as 19FortyFive’s Defense and National Security Editor, Dr. Brent M. Eastwood is the author of Humans, Machines, and Data: Future Trends in Warfare. He is an Emerging Threats expert and former U.S. Army Infantry officer. You can follow him on Twitter @BMEastwood. He holds a Ph.D. in Political Science and Foreign Policy/ International Relations.
