Earlier this week, President Trump's lawyers motioned to lift the gag order imposed by Judge Juan Merchan in the hush-money case brought against him by Manhattan District Attorney Alvin Bragg (D), who argued that the gag order should remain in place. The order, which has prevented Trump from speaking out about several actors in the case, has been in place for several months and has prompted numerous fines against Trump when he violated it.
In a letter made publicly available on Wednesday, Bragg's office argued that the gag order should remain in place through Trump's sentencing and post-trial hearings. The prosecution claimed that the gag order was essential to "avoid threats to the fairness of the trial itself" and "to prevent actual harm to the integrity of the proceedings."
The district attorney's office added that the gag order would "protect the orderly administration of this court," and the prosecution argued that the "court has an obligation to protect the integrity of these proceedings and the fair administration of justice at least through the sentencing hearing and the resolution of any post-trial motions."
While Bragg continues to limit Trump's freedom of speech, the ex-president's lawyers argued in a letter to the court that the gag order should be removed. They highlighted the potential impact of the gag order on Trump's political activities, stating that its removal would ensure that the presumptive GOP nominee has "unrestrained campaign advocacy" as he prepares to debate President Joe Biden on June 27.
"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 President Trump – who remains the leading candidate in the 2024 presidential election – and the American people," Trump's lawyer, Todd Blanche, wrote.
As previously reported by the DC Enquirer, the gag order imposed on Trump prevents him from commenting on court staff, witnesses, and prosecutors involved in the hush money case. In April, Trump was held in contempt for violating the order, leading the judge to fine him $1,000 per violation, totaling $9,000 for the various Truth Social posts that were deemed to have violated the court order.
The move to ensure the gag order remains in place received considerable backlash from legal experts. Article 3 Project's Mike Davis, for instance, wrote, "Former Obama and Biden senior political appointee Matthew Colangelo opposes President Trump's request to lift the (blatantly unconstitutional) gag order. Even after the trial is over. This is strong evidence for the Trump 47 DOJ's criminal probe of conspiracy against rights."
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