Republicans Say Gag Order on Trump Would be Unconstitutional: Imposing a gag order on former President Donald Trump in the wake of his indictment would be unconstitutional, House Republicans say.
“To put any restrictions on the ability of President Trump to discuss his mistreatment at the hands of this politically motivated prosecutor would only further demonstrate the weaponization of the New York justice system,” House Oversight and Accountability Committee Chairman James Comer and House Judiciary Committee Chairman Jim Jordan said in a joint press release. “To even contemplate stifling the speech of the former commander in chief and current candidate for President is at odds with everything America stands for.”
What a Gag Order Would Mean
A gag order would bar the former president from discussing the case against him in the Manhattan Criminal Court. Violations would result in a $1,000 fine and 30 days in jail.
A New York grand jury indicted Trump last week in connection to a $130,000 payment to porn star Stormy Daniels and a $150,000 payment to former Playboy model Karen McDougal. The payments allegedly were made after the women threatened to go public with claims they had affairs with Trump.
Trump pleaded not guilty to 34 counts against him.
What the GOP Is Saying
Roger Stone spoke about the possibility that Trump might be subjected to a gag order during an appearance on Tucker Carlson’s show on Monday night. Stone was subjected to a gag order in 2019 barring him from discussing Robert Mueller and the Russia investigation.
“I think the idea that they might gag Donald Trump is really a testimony to his effectiveness as a counter-puncher,” Stone said. “He has used social media and his interviews to very effectively question the falsity of these charges, question the political motivations and the funding of District Attorney Alvin Bragg and to question the bias of this judge.
Stone continued: “Moreover, not only do I think that the gag order would be unconstitutional; nowhere does it say you l does it say you lose our free-speech rights when you are charged with a crime. More importantly, it’s election interference.”
Famed law professor Alan Dershowitz, who represented Trump during the first impeachment trial in 2019, vowed that he would lead a group of pro bono attorneys to defend the former president if a gag order is issued.
“If the gag order is imposed I will be the first to lead the team of pro bono attorneys to the Supreme Court, not on behalf of Trump himself, but on behalf of all of the rest of us in America, who are millions and millions of people who don’t want to see him gagged,” Dershowitz said during an appearance on Steve Bannon’s War Room on America’s Real Voice. “I want to hear his point of view. I want to maintain an open mind. I have to decide who to vote for in the next election.
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“I am going to choose what I have done for the past 60 years and vote Democrat, but every American has to have an open mind. So I will join the case as an amicus on behalf of people who want to listen to Trump.”