Prosecutors handling Donald Trump’s Manhattan criminal trial have urged a judge to keep most of the restrictions from the gag order in place. They argue that ongoing threats against key figures in the case justify the continued limitations on Trump’s public comments. This decision comes even as they agree it is no longer necessary to limit the former president’s remarks about witnesses who testified against him.
Threats and Security Concerns
Prosecutors have disclosed that threats have intensified against Manhattan District Attorney Alvin Bragg, his family, and the office’s staff. Two individuals connected to the case received bomb threats at their homes on the first day of the trial. According to prosecutors, there were 56 “actionable” threats and hundreds of threatening emails and phone calls during and immediately following the trial. They attribute these threats to Trump’s “dangerous rhetoric” about the prosecution.
Trump’s Fight to Overturn the Gag Order
Trump has been actively working to lift the gag order, arguing that it should be terminated now that the trial is over. He claims that the restrictions harm his First Amendment rights and his ability to campaign for the 2024 presidential election. Trump has sought relief through Justice Juan Merchan and appellate courts, but New York’s highest court dismissed his appeal, stating that “no substantial constitutional question is directly involved.”
Prosecutors’ Response to Trump’s Argument
Despite the trial’s conclusion, prosecutors contend that the gag order should remain in effect regarding comments about jurors, prosecutors, court staff, or their families. They emphasize Trump’s history of inflammatory and threatening public statements, noting that he has previously attacked jurors in other proceedings. Recent public comments by Trump since his conviction indicate his rhetoric continues to be alarming and potentially dangerous.
Upcoming Sentencing and Broader Legal Context
Trump is scheduled to be sentenced on July 11. This case is one of four criminal cases Trump currently faces. In one federal case accusing him of conspiring to subvert the 2020 election, Trump is under a separate gag order. Additionally, in the case accusing him of hoarding classified documents, prosecutors have requested yet another gag order.
Prosecutors noted that Trump “has not exempted the jurors from his alarming rhetoric” and stated there remains a “critical need to protect the jurors in this case from attacks by defendant and those he inspires to action.” However, they acknowledged that Trump should no longer be barred from speaking about trial witnesses, such as Michael Cohen and Stormy Daniels, as the trial’s compelling interest in protecting witnesses’ ability to testify without interference is no longer present.
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