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Will Donald Trump’s gag order be lifted after the trial? What will and won’t he be able to say?

What is the fate of Donald Trump’s gag order now that the jury has found him guilty and the proceedings come to a close.

Andrew KellyREUTERS

After a series of outbursts from former President Donald Trump before and during the trial, Judge Merchan issued a gag order that restricted Trump from verbally attacking prosecutors, court staff, and potential witnesses involved in the criminal case that is in motion. What is the fate of this court order now that the trial has ended?

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 disclosing 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.
 

So far, no formal declaration has been made by Judge Merchan that the order has been lifted. Notably, during the sentencing hearing, the Judge will be able to consider 10 violations of the gag order. Though he was warned throughout the trial, the former president has not been punished for any violations. The order imposed on 7 March 2024 protects the jurors’ identities by barring Trump and his legal team from publishing their names. Considering public opinion over the trial, the jurors’ safety must be upheld, leaving many to believe that Judge Merchan will keep the gag order in place.

Donald Trump storms ahead

The gag order remaining in place has not stopped Donald Trump, who has gone on a social media tirade.

In one post on Truth Social, he claimed that the trial had violated his civil rights and that the county “is being laughed at all over the world.”

He also attacked Judge Merchan, described as “highly conflicted” and “biased,” saying that he did not allow his legal team to present tax records that would have presumably shown the payments to be above board.

In the last sentence, he mentions the gag order, noting that he was abiding by it, at least in part, by not naming the former attorney “whose name I am not allowed to mention.”

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