Washington Examiner

Trump pledges to contest ‘unconstitutional’ gag order

Former President ⁤Donald ‌Trump ⁢vowed to challenge the “unconstitutional”⁢ gag order in his New York trial. He plans to file a “constitutional ‌motion” against the order. The‌ gag order restricts him from discussing certain individuals. Despite‌ this, he clarified that it doesn’t prevent him from testifying⁢ in the case. The order aims to limit​ his public remarks involving pertinent ​trial participants. Former President Donald Trump⁤ has committed to challenging ⁣the “unconstitutional” gag order in his New York​ trial. He intends‍ to​ submit a‍ “constitutional motion” opposing ‍the order. Although ⁤the order prohibits ‌discussion of​ specific individuals, Trump clarified that it⁤ doesn’t hinder his testimony. The ​order’s purpose is to constrain his public comments regarding key trial participants.


Former President Donald Trump vowed Friday that he would file a challenge against the “unconstitutional” gag order against him in his New York criminal hush money trial.

Standing outside the courtroom before Day 11 of the trial brought by Manhattan District Attorney Alvin Bragg, Trump said he plans to file a “constitutional motion” or lawsuit against the gag order later on Friday.

Reporter: Is the gag order stopping you from testifying?

Trump: No. It won’t stop me from testifying. The gag order is not for testifying. It stops me from talking about people and responding when they say things about me.. pic.twitter.com/jpsjCl0SxO

— Acyn (@Acyn) May 3, 2024

Speaking to reporters, Trump clarified comments he made the day before about the gag order, saying it does not prevent him from testifying in the case but the order stops him from “talking about people and responding when they say things about me.”

After court on Thursday, Trump responded to a question about his thoughts on the day’s testimony, saying, “I’m not allowed to testify. I’m under a gag order,” a comment that raised some confusion.

The gag order prevents Trump from making public statements about witnesses, jurors, and some family members of prosecutors and court staff members.

Judge Juan Merchan walked into the courtroom at 9:30 a.m. and began addressing the defense by clarifying that the gag order does not block Trump from testifying on his own behalf, a remark that appeared to address Trump’s comments to the press on Thursday.

Judge Juan Merchan presides over Donald Trump’s trial in a Manhattan criminal court on Tuesday, April 23, 2024, in New York. (Elizabeth Williams via AP)

“The order restricting extrajudicial statements does not prevent you from testifying in any way,” Merchan said, adding that the order does not in any way limit what Trump says on the witness stand.

It’s also not clear whether Trump intends to sue Merchan over the gag order or whether he plans to file a motion within the criminal case as a means to challenge the gag order, though the nature of the challenge may become more evident as the day progresses.

Meanwhile, Merchan has yet to rule on the latest gag order violations that prosecutors brought against Trump. The former president has already been fined $1,000 for nine separate gag order violations from a previous order this week, and a hearing was held on Thursday, during which the judge appeared poised to fine him for up to three separate violations raised by prosecutors.

Trump lawyer Emil Bove resumed cross-examination Friday morning of Douglas Daus, a forensic analyst for Bragg’s office who extracted recording and text messages from two devices of Trump’s former lawyer and fixer, Michael Cohen.

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The second week of testimony in the hush money case will conclude Friday. The prosecution is still setting the stage for testimony from Cohen, who paid porn star Stormy Daniels $130,000 for her silence about an alleged affair with Trump, an act which is at the heart of the 34-count indictment.

Trump has pleaded not guilty to all counts and denies the affair ever occurred.



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