After his indictment in Manhattan, former President Donald Trump has been posting nonstop about the allegations on social media — but experts say that may be about to change.
Trump, 76, lashed out several times on Truth Social after announcing Thursday that he would face charges over hush money payments to porn star Stormy Daniels.
But his freedom to respond as he sees fit will likely be restricted when he surrenders and appears in a Manhattan court on Tuesday.
Former Justice Department federal prosecutor Duncan Levine has warned that acting Manhattan Supreme Court Justice Juan Merchant will likely issue a gag order on the former president.
If Trump violated that by speaking about the case outside the courtroom, he could be punished with criminal contempt — which under New York law could subject him to a fine of up to $1,000, 30 days in jail or sometimes both.
Trump, 76, lashed out several times on Truth Social after announcing Thursday that he would face charges over hush money payments to porn star Stormy Daniels.
He’s called it a “witch hunt” by Democrats, but he wouldn’t be able to post anything similar if the restriction was imposed
Levine said inside: “I think it’s not just a possibility, but a very likely possibility that there is a gag order in the case.
“Gag orders are very common in criminal cases, particularly in cases where there is an enormous amount of pre-trial publicity like this one.”
Trump’s former attorney Michael Cohen was previously returned to a federal prison in upstate New York for questioning over a gag order while serving a three-year home jail sentence.
The former president couldn’t stop talking about the upcoming court hearing, calling it a “witch-hunt” for the Democrats and launching a series of vicious attacks on Merchan and Manhattan DA Alvin Bragg.
Merchan previously presided over the Manhattan tax fraud case in which the Trump Organization was convicted — with Trump writing on Truth Social that the judge “hates me.”
Levine added, “This is a criminal case now, so the rules have changed, and it’s no longer up to him to make it up.”
He’s a criminal defendant, and as you know, we see hundreds of thousands of criminal defendants across the country every day who’ve been stripped of a lot of rights and now he’s one of them. These actions will change his life.
Lawyers could also be limited to the routine details of the case as well as the next court appearance, but Levine thinks a gag order is likely for both legal teams.
Acting Manhattan Supreme Court Justice Juan Merchant has been described as a “no-nonsense judge” who would not hesitate to jail anyone for violating a gag order.
If Trump violates that by speaking about the case outside the courtroom, he could be punished with criminal contempt — which under New York law is a fine of up to $1,000, 30 days in jail or sometimes both.
Trump’s attorney, Joe Tacopina, said on “Today” Friday that Trump was “shocked at first” by the news of the indictment, but “is ready to fight” in his defense.
Former Indiana Attorney General Jeff Modest added that it would be a “strictly limited, specific order” that would be upheld on appeal.
Those who violate a gag order are usually warned, but ensuing violations are likely to result in contempt of court according to Levin.
He added, “Theoretically, a litigant who breaks a gag order could be thrown in jail.
Mirshan is an absolutely no-nonsense judge who will maintain a very strict control over the proceedings.
Lawyers could also be limited to the perfunctory details of the case as well as the next court appearance, but Levine thinks a gag order is likely for both legal teams.
This judge will not look kindly on Trump’s extrajudicial remarks. If a judge finds that he crossed the line, you better believe that judge will do something about it.
The specific charges against Trump will not be known until the indictment, which is expected to happen next week, is revealed.
She is believed to be connected to a $130,000 payment in 2016 from his former attorney Michael Cohen to Daniels, a porn star who claims to have had an affair with Trump in 2005.
Trump maintains his innocence, insisting he had nothing to do with it.
