Trump tests limits of gag order with post insulting potential witnesses in criminal trial
The gag order also barred Trump from making public statements of any type about jurors, court staff, lawyers in the case or relatives of prosecutors or of the judge. Trump is allowed to make critical comments about the judge himself and Manhattan District Attorney Alvin Bragg.
It was unclear whether the judge might consider Trump’s criticism of Cohen and Daniels a violation of the gag order.
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Gregory Germain, a professor at Syracuse University College of Law, described the latest post as a “close call” unlikely to result in Trump being held in contempt.
“I suspect he’d argue that he criticised their general character, and was not commenting on their ‘potential participation’ in the investigation or proceeding,” Germain said.
But Stephen Gillers, a professor at New York University Law School, said Trump’s comment “brands the two witnesses as liars, which goes to the heart of what the order forbids”.
“That’s exactly what a gag order doesn’t want you to do before trial when a potential jury could be influenced,” he said.
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Trump and his lawyers have said the gag order violates his right to free speech and prevents him from responding to public attacks as he runs for president.
Daniels has spoken out about harassment she has received from the former president’s supporters, who she said were “encouraged and commended” by Trump.
In a text message on Thursday, Cohen said the attacks were meant to prejudice the jury’s opinion of him.