The prosecution’s brief states, ‘The People agree that this provision no longer needs to be enforced.’
The Manhattan District Attorney’s office has concurred with former President Donald Trump’s attorneys that his gag order should be lifted now that the trial has concluded, allowing him to speak about trial witnesses.
The gag order, issued by New York Supreme Court Justice Juan Merchan, had restricted Trump from making statements or having others make statements on his behalf about trial witnesses, jurors, court staff, and counsel and their staff if it could interfere with the case. This order did not apply to Manhattan District Attorney Alvin Bragg or Justice Merchan but did extend to their family members.
Trump’s attorneys argued that since the trial is over, the prosecution’s concerns about witness intimidation are no longer valid, and therefore, the restrictions should be lifted.
“The Court issued this provision to protect prospective witnesses’ ‘willingness to participate fully and candidly,’” the brief reads. “Now that the jury has delivered a verdict, however, the compelling interest in protecting the witnesses’ ability to testify without interference is no longer present.”
The prosecutors noted that other laws would still protect the former witnesses from attacks and defamation, citing cases against Trump and Rudy Giuliani where defendants were found liable.
Trial Witnesses
Many of the 22 trial witnesses had minor roles, with some being current or former Trump Organization employees.
A few key witnesses gave multi-day testimonies, including Michael Cohen, Stephanie Clifford (Stormy Daniels), David Pecker, and Keith Davidson.
Cohen, a longtime lawyer for Trump, defended a payment he made to Clifford before later acknowledging it violated campaign finance laws. Trump had made statements about Cohen prior to the trial.
Pecker, a friend of Trump, testified about deals Trump was not prosecuted for in the case. After the trial began, Trump mentioned Pecker in an interview that was not deemed a violation of the gag order.
Other Gag Order Limits
Prosecutors argued that restrictions on naming jurors should remain in place, despite defense attorneys stating they had no intention of making statements about individual jurors.
With the trial concluded, Justice Merchan informed jurors they were free to discuss the case if they chose to do so.
Prosecutors urged caution in maintaining orders protecting jurors’ identities.
They also argued Trump should be prohibited from making statements about court staff, counsel, and family members of Bragg and Justice Merchan due to security threats.
In a June 20 affidavit, an NYPD sergeant stated that threats against Bragg and his family had increased significantly during the trial.
The majority of these threats were received while the trial was ongoing.
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