Former President Donald Trump is facing a criminal trial for hush money charges, but he is facing restrictions due to a gag order that prevents him from publicly commenting on certain aspects of the case. Despite being fined $9,000 for violating the order and facing the threat of jail time if he continues to do so, Trump can still talk about the allegations against him and comment on the judge and the prosecutor. The order, titled “Order Restricting Extrajudicial Statements,” limits what Trump can say outside of court, but it does not prevent him from testifying if he chooses to do so. Trump has pleaded not guilty to the felony charges against him while also running for president.
Gag orders are common in high-profile cases and are intended to prevent information presented outside the courtroom from influencing the proceedings inside. In addition to the gag order in his New York trial, Trump is also subject to a similar order in his federal criminal election interference case in Washington. The U.S. Supreme Court has recognized that gag orders can sometimes infringe upon fair trial rights and free speech rights, leading to some limitations on what can be included in these orders.
Trump is actively fighting the gag order in his trial and has appealed the order itself, despite the court refusing to postpone the trial while the appeal is ongoing. The gag order prohibits Trump from making public statements about jurors, witnesses, lawyers, court staff, and others involved in the case. While it does not apply to the judge or the prosecutor, it does apply to their family members. Witnesses, such as Trump’s former lawyer Michael Cohen, are not barred from commenting on Trump, leading to a back-and-forth between the two.
Despite the limitations imposed by the gag order, Trump has the right to testify at his trial if he chooses to do so. There was initially confusion over whether the order prevented Trump from testifying, but the judge clarified that he has the constitutional right to take the stand in his own defense. Trump was fined for violating the gag order with social media posts that attacked Cohen, but the judge declined to sanction him for other comments. The judge has warned that jail could be a potential punishment for continued violations of the order, but the specifics of what would warrant such a consequence remain unclear.
The prosecution has asked the judge to hold Trump in contempt again and fine him for additional alleged violations, but they are not seeking jail time at this point to minimize disruption to the trial. Trump’s defense lawyer plans to appeal the judge’s finding that he violated the gag order, indicating that the legal battle over what Trump can and cannot say in relation to the case is ongoing. Despite the restrictions imposed by the gag order, Trump continues to navigate the legal proceedings while maintaining his innocence and running for president.
