What Could Happen If a Judge Is Asked to Muzzle Trump

There is significant speculation surrounding whether Manhattan District Attorney Alvin Bragg will seek a “gag order” against former President Donald Trump, which would prohibit him from publicly commenting on his criminal case. However, legal analysts have said it would be inappropriate for a judge to restrict Trump from making statements about other topics.

Trump is the nation’s first ex-president to face criminal charges, and the charges are expected to relate to alleged misrepresentations of hush money payments made to one or more women prior to the 2016 election, which Trump won. He denies any misconduct.

If Bragg does attempt to get a judge to muzzle Trump, legal experts have said the judge would need to carefully consider the balance of insulating the legal process against Trump’s right to free speech, and citizens’ right to hear from a presidential candidate. Two ex-prosecutors stated that a gag order would have to be narrowly tailored and would apply to both the defense and the prosecution. Most gag orders are crafted to be the least restrictive possible.

Trump’s attorneys have publicly stated that they doubt the judge would impose a gag order, and two congressional committee leaders have called the possible gag order unconstitutional. Legal analysts have also said that Trump must be cautious in making statements, as he could talk his way into more legal trouble.