What does the gag order mean in Trump's hush money case?

[April 12, 2024]  By Luc Cohen

NEW YORK (Reuters) - The gag order imposed on Donald Trump by a judge in next week's New York criminal trial bars the former U.S. president from talking publicly about certain people involved in the case and their families.

Trump has pleaded not guilty to falsifying business records to cover up a $130,000 payment before the 2016 election to stop porn star Stormy Daniels from talking about a sexual encounter she says she and Trump had in 2006. Trump denies an encounter.

Here's why Justice Juan Merchan imposed the gag order and what it bars the Republican presidential candidate from doing:

WHAT DOES THE GAG ORDER DO?

The March 26 order prevents Trump from making public statements about witnesses concerning their potential testimony and about prosecutors, court staff and their family members if those statements are meant to interfere with the case.

On April 1, Merchan extended the gag order to cover his own family members and family members of Manhattan District Attorney Alvin Bragg, whose office charged Trump. The order does not restrict Trump's statements about Merchan and Bragg.

WHAT HAPPENS IF TRUMP VIOLATES THE GAG ORDER?

Trump could face fines or jail time if he violates the order.

WHY DID THE JUDGE IMPOSE THE GAG ORDER?

Prosecutors sought the order because they said Trump had a long history of verbally attacking people involved in legal proceedings.

Merchan agreed that some of Trump's statements had been threatening and inflammatory and said there was a risk such comments could derail the proceedings.

The judge expanded the order to cover his family after Trump disparaged his daughter online, calling her a "Rabid Trump Hater" due to her work for a political consultancy firm with Democratic clients.

WHAT DOES TRUMP SAY ABOUT THE ORDER?

Trump's lawyers had urged Merchan not to impose the gag order, arguing his political opponents had attacked him based on the case and that he should have a right to respond.

After the order was imposed, his campaign said in a statement that it violated his right to free speech.

Former U.S. President Donald Trump gestures outside the courtroom on the day of a court hearing on charges of falsifying business records to cover up a hush money payment to a porn star before the 2016 election, in New York State Supreme Court in the Manhattan borough of New York City, U.S., February 15, 2024. REUTERS/Andrew Kelly/File Photo

"Plenty of people have gagged me recently because when I talk in New York I explain to the people and they understand these cases are all rigged," Trump said in a video posted on Thursday to his Truth Social website. "It sounds fair, doesn't it, to be gagged? But it's not."

DOES THE ORDER PREVENT TRUMP FROM TALKING ABOUT THE CASE?

No. Merchan wrote that Trump has a constitutional right to speak to voters freely and to defend himself publicly. The order only applies to statements about specific individuals.

HAS TRUMP COMPLIED WITH THE ORDER?

So far, neither prosecutors nor the judge have accused Trump of violating the gag order. Before the March 26 order, Trump repeatedly criticized one of the prosecutors - Matthew Colangelo - by name in a press conference and on social media. Trump has not mentioned him since the order was imposed.

He has not made additional comments about Merchan's daughter since the order was expanded, but also has not deleted the March 28 post on his Truth Social media platform where he refers to her by name.

HAS TRUMP FACED OTHER GAG ORDERS?

Yes. Merchan's gag order is similar to restrictions a federal judge imposed last year in a criminal case over Trump's efforts to overturn his 2020 election loss to Democratic President Joe Biden.

Trump has pleaded not guilty in that case as well.

In a separate, civil fraud case over Trump's business practices, another New York state judge fined him $15,000 last year for twice violating a gag order against publicly commenting about court staff. Trump is appealing a $454.2 million judgment in that case.

(Reporting by Luc Cohen in New York; Editing by Noeleen Walder and Howard Goller)

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