Legal Experts Say Gag Order in Trump Case Lacks Clear Rationale

Legal Experts Question GAG Order

A New York appeals court Tuesday upheld a gag order against former President Trump, who asked the court to end his speech ban following his conviction on the charges in his landmark criminal trial.

As the trial ended and the ex-president, presently front-running to be the 2024 Republican nominee for president, awaits sentencing next month, a lawyer said there is “no compelling rationale that is tethered to reality” for keeping a gag order in place by Judge Juan Merhcan.

“Here you have a single New York judge basically issuing a prior restraint on the statement of the leading presidential contender, weeks and months before an election,” Jonathan Turley, practicing defense attorney and law professor, told Fox News Digital.

“Given the election, it is purely speculation, but it appears this is no longer a justification for keeping the gag order in place,” he said.

Although the imposition and continuation of gag orders which are anything but common will be subject to a form of highly deferential review in appellate courts that goes to questions of courtroom management, it is deeply concerning that Judge Merchan would continue a gag order long after the verdict has been reached and the jury has dismissed the case.

Turley said: “Regardless of the dubious value of maintaining the gag order in this case, Judge Merchan is giving no consideration to the opposing harm to rest the political system.”

The New York Court of Appeals on Tuesday turned down an offer from Trump to release the gag request against him, noticing that “no considerable legal inquiry is directly engaged.

Trump’s attorney argued that the November presidential election and Trump’s first debate with President Biden later this month, in addition to his First Amendment rights, are reasons for the order to be lifted.

Appellate courts, he added, are typically “extremely deferential” to trial judges when it comes to courtroom management issues such as the imposition and continuation of gag orders but described it as “alarming that Judge Merchan would maintain a gag order well into the post-verdict and discharge of the jury from the case.”

Turley also said, “Putting aside the questionable value of the gag order continuing in this case, it ironically is Judge Merchan who is ignoring the countervailing cost for the political system.”

The Gag Order improperly muzzles the likely future President of the United States, Donald J. Trump, in the middle of his presidential campaign. The Gag Order applies to President Trump and no one else, including corrupt politicians and even Crooked Joe Biden,” Cheung wrote.