The judge said the ‘risk of harm is now paramount.’
A day after New York Supreme Court Justice Juan Merchan held a hearing regarding former President Donald Trump’s bid to delay or dismiss the “hush money” case against him, the judge issued a gag order on the candidate.
“The uncontested record reflecting the Defendant’s prior extrajudicial statements establishes a sufficient risk to the administration of justice,” the order reads, “and there exists no less restrictive means to prevent such risk.”
“Given that the eve of the trial is upon us, it is without question that the imminency of the risk of harm is now paramount,” the judge wrote.
Judge Merchan had said in a hearing last year that he would not be entering a gag order at the time, but the order comes after two other courts have issued gag orders on President Trump that have been upheld by appeals panels.
Specifically, President Trump will be prohibited from making statements or directing others to make public statements about known or likely witnesses in relation to the case, jurors or prospective jurors, members of court and district attorney staff, and family members of counsel or staff “if those statements are made with the intent to materially interfere with … counsel’s or staff’s work in this criminal case, or with the knowledge that such interference is likely to result.”
The order is modeled after another gag order on President Trump, though the prohibition on statements about “prospective jurors” appears to be broader than previous orders.
The Manhattan District Attorney’s office had requested the gag order in February to last the duration of the trial, citing other prosecutors’ requests for gag orders on the former president.
“The freedom of speech guaranteed by the First Amendment and the State’s interest in the fair administration of justice are implicated by the relief sought. The balancing of these interests must come with the highest scrutiny,” Judge Merchan wrote.
Prosecutors had presented a large tranche of social media posts President Trump made in relation to the case, including attacks on witnesses’ credibility and character.
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