Trump Judge Chastises Ex-President For Inflammatory Rhetoric—And Doesn’t Rule Out Gag Order

Topline

Manhattan criminal court Judge Juan Merchan reportedly warned former President Donald Trump not to engage in rhetoric that could “jeopardize the rule of law” during his historic Tuesday arraignment—a reference to a string of incendiary statements Trump has made in the lead-up to his indictment.

Key Facts

Merchan urged Trump to “refrain” from “comments that have potential to incite violence, create civil unrest [or] jeopardize the state or well-being of any individuals,” according to multiple reports.

The judge also reportedly asked prosecutors to control their rhetoric, and those of witnesses, in the case.

Merchan said he would not have granted a gag order against Trump had prosecutors requested one prior to his Tuesday arraignment, but said he would consider them in the future, if necessary, the Washington Post reported.

Merchan did did not make a ruling on a protective order prosecutors requested for witnesses, citing Trump’s incendiary social media posts, including his prediction that there would be “death and destruction” if he were indicted.

Key Background

Trump pleaded not guilty to 34 felony counts of falsifying business records in the first degree in connection to hush-money schemes prosecutors said he executed to bury allegations of three extramarital affairs ahead of the 2016 presidential election. Trump, who has denied all three alleged affairs, which have been previously widely reported, has attacked the Manhattan District Attorney’s office in a string of social media posts before he was formally charged on Tuesday. In one particularly inflammatory (and since-deleted) post on Truth Social, he shared an article that featured a photo of him with a baseball bat next to an image of Manhattan District Attorney Alvin Bragg’s head. He also wrongly claimed on March 18 that he would be arrested the following Tuesday and urged his supporters to protest.

Contra

Trump’s lawyer Todd Blanche told Merchan it would be “patently unfair” not to allow Trump to speak on the case and argued that “anybody in this courtroom who was in [Trump’s] position” would have reacted in a similar way to Trump. “Every one of these posts are not threats,” Blanche said. He also also criticized the prosecution’s star witness, former Trump lawyer Michael Cohen, for talking about the case in media appearances.

What To Watch For

Trump, who flew back to Mar-A-Lago following his arraignment, is scheduled to speak about the arraignment at 8:15 p.m. ET from Palm Beach. He did not address reporters before and after Tuesday’s court proceedings, where he sat between his lawyers with a scowl on his face.

Further Reading

Trump Indictment: Here Are The Criminal Charges Trump Is Facing (Forbes)

Suspicious White Powder And Threat Sent To Manhattan DA As Possible Trump Indictment Looms (Forbes)

Trump’s Lawyer Calls Posts Targeting Manhattan D.A. ‘Ill Advised’ (Forbes)

Source: https://www.forbes.com/sites/saradorn/2023/04/04/trump-judge-chastises-ex-president-for-inflammatory-rhetoric-and-doesnt-rule-out-gag-order/