Judge denies Trump’s attempt to lift gag order so he can ‘respond’ to Stormy Daniels testimony
Donald Trump’s latest attempt to lift a gag order placed on him during his New York criminal hush money trial has been denied.
Lawyers for the former president argued that since a key witness – adult film actress Stormy Daniels – has now left the stand, the order should be lifted so Mr Trump can “respond” to her testimony.
Judge Juan Merchan, who is presiding over the case, denied the motion on Thursday, saying he was concerned about “attacks” on Ms Daniels and other witnesses. He added: that he was also concerned with “protecting the integrity of these proceedings as a whole.”
The gag order, over which Mr Trump has already been fined $10,000 for violating, seeks to protect protect witnesses, jurors, court staff and their families.
Wednesdays proceedings began with Ms Daniels’ return to the witness stand to face more cross-examination, where she sparred with defense attorney Susan Necheles over alleged inconsistencies in the various tellings of her sexual encounter with Mr Trump in 2006 as well as her career as an adult entertainer.
Despite the sometimes fiery clashes she remained calm and firm in her testimony.
After her testimony had concluded Trump lawyer Todd Blanche requested the gag order be lifted. Mr Blanche claimed that Ms Daniels’ story was “completely different” than her previous accounts, and that Mr Trump was unable to respond to any of the comments made in the press about her testimony.
The reasons for protecting her “are over, she is no longer a witness,” he said.
In response Assistant District Attorney Christopher Conroy accused the defence team of living “in an almost alternate reality.”
“There is a proceeding here that this order is designed to protect. It’s important to underscore why it was issued in the first place to put in context,” he said, adding that the former president was predisposed to firing off comments “indiscriminately against anyone he deems worthy of his venom.”
Mr Conroy added that changing the gag order in the middle of a trial would “say to future witnesses that they could be at risk as well.”
“Modifying the gag order now to allow the defendant to attack Ms Daniels – and that’s what he wants to do,” not engage in “serious discourse” – would undermine “the integrity of these proceedings,” he said.
Judge Merchan was skeptical of the Trump team’s claims that parts of Ms Daniels’ testimony were different. He subsequently denied the gag order.
It comes just days after judge Merchan threatened to throw the former president in jail for violating the gag order, having previously fined him $10,000 for breaching it ten times. On Monday the judge warned Mr Trump on Monday that jail remains “truly a last resort” that would disrupt the proceedings, court staff and law enforcement.
“The magnitude of such a decision is not lost on me,” judge Merchan said.
“But at the end of the day I have a job to do, and part of that job is to protect the dignity of the justice system,” he said. “Your continued violations … threaten to interfere with the administration of justice, and constitute a direct attack on the rule of law.”
Mr Trump was found in contempt of court and fined $1,000 for his comments about the jury, on the heels of last week’s contempt ruling and a $9,000 fine for nine other violations of the protective order. The former president was also ordered to remove any offending posts from his social media platform, Truth Social, and content from his campaign website.