What is a gag order and why did Judge Merchan issue one against Trump in the hush money trial?

In the latest legal development, former U.S. President Donald Trump has found himself at the centre of a courtroom controversy ...again. Judge Merchan issued a gag order that restricts Trump from verbally attacking prosecutors, court staff, and potential witnesses involved in the criminal case that is in motion. But what does the order entail and why was it deemed necessary?

What is a gag order?

A gag order is a legal directive issued by a judge that restricts individuals involved in a legal case from making certain statements or discussing specific topics publicly. Its primary purpose is to preserve the integrity of the legal process, prevent undue influence on witnesses, and maintain a fair trial. Gag orders can vary in scope, from prohibiting disclosure of specific evidence to limiting commentary on the case’s details.

These orders are typically imposed in high-profile or sensitive cases to prevent prejudicial information from affecting potential jurors, witnesses, or the general public. While they are a tool to protect the sanctity of the judicial process, they often spark debates around First Amendment rights and the balance between free speech and the right to a fair trial. This is likely going to be a repeated argument from Trump supporters.

Not Trump’s first gag order, what did he say about the last one?

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In response to he last gag order in December 2023, Trump, unsurprisingly, vowed to appeal, citing its unconstitutionality and asserting that it hinders his ability to go on the offensive - in both the word’s meanings - during his presidential campaign.

“I’ll be the only politician in history that runs with a gag order where I’m not allowed to criticise people,” he moaned.

Nevertheless, the judge’s ruling stood, barring Trump and his attorneys from personally targeting key individuals involved in the case and discussing potential witnesses.