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Trump Hush-Money Case The Latest Trial Date Is Set The Indictment Who Is Alvin Bragg? Trump Case Tracker

Gag Order Against Trump Is

Expanded to Bar Attacks on Judge’s
Family
Donald Trump had in recent days targeted the daughter of Juan
Merchan, the judge overseeing his criminal trial in Manhattan, in
blistering social media posts.

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Donald J. Trump found an opening in the existing gag order that let him criticize Loren
Merchan, the daughter of the judge presiding over the criminal case against him. Pool
photo by Brendan Mcdermid

By Jesse McKinley , Ben Protess and William K. Rashbaum

Published April 1, 2024 Updated April 2, 2024, 12:13 p.m. ET

The New York judge overseeing Donald J. Trump’s criminal trial

later this month expanded a gag order on Monday to bar the
former president from attacking the judge’s family members, who
in recent days have become the target of Mr. Trump’s abuse.

Justice Juan M. Merchan last week issued an order prohibiting Mr.

Trump from attacking witnesses, prosecutors, jurors and court
staff, as well as their relatives. That order, however, did not cover
Justice Merchan himself or the Manhattan district attorney, Alvin
L. Bragg, who brought the criminal case against the former
president.

And although the ruling issued on Monday still does not apply to
the judge or the district attorney, Justice Merchan, granting a
request from Mr. Bragg’s office, amended the gag order so that it
does now cover their families.

In his ruling, the judge cited recent attacks against his daughter,
and rejected Mr. Trump’s argument that his statements were “core
political speech.”

“This pattern of attacking family members of presiding jurists and

attorneys assigned to his cases serves no legitimate purpose,”
Justice Merchan wrote. “It merely injects fear in those assigned or
called to participate in the proceedings, that not only they, but their
family members as well, are ‘fair game’ for defendant’s vitriol.”

Mr. Bragg’s office had asked the judge to clarify that their relatives
were included, calling such protection “amply warranted.” Noting
Mr. Trump’s track record of issuing “threatening and alarming
remarks,” Mr. Bragg’s office warned of “the harms that those
family members have suffered.”

A Guide to the Various Trump Investigations

Confused about the inquiries and legal cases involving former President
Donald Trump? We’re here to help.

Key Cases and Inquiries: The former president faces several

investigations at both the state and the federal levels, into matters related
to his business and political careers. Here is a close look at each .

Case Tracker: Trump is at the center of four criminal investigations. Keep

track of the developments in each here .

What if Trump Is Convicted?: Will any of the proceedings hinder Trump’s

2024 presidential campaign? Can a convicted felon even run for office?
Here is what we know, and what we don’t know .

Receive a Weekly Update: Sign up for the Trump on Trial newsletter to get
the latest news and analysis on the cases in New York, Florida, Georgia
and Washington, D.C.

The personal connection to the gag order complicated Justice

Merchan’s decision. Shortly after last week’s initial gag order, Mr.
Trump issued a series of blistering attacks on Mr. Merchan and his
daughter, Loren, a political consultant who has worked with
Democratic candidates.

Specifically, Mr. Trump had accused Ms. Merchan — falsely — of

having posted a photo of him behind bars on an account on X, the
platform formerly known as Twitter. Court officials said the
account cited by Mr. Trump had been taken over last year by
someone other than Ms. Merchan.

On Thursday, Mr. Trump intensified his attacks , identifying Justice

Merchan’s daughter by name and accusing her of being “a Rabid
Trump Hater, who has admitted to having conversations with her
father about me, and yet he gagged me.” The former president then
renewed his demands that the judge recuse himself from the case,
calling Justice Merchan “totally compromised.”

And on Saturday, in an ominous escalation, Mr. Trump posted a

news article to Truth Social that displayed two pictures of Ms.
Merchan.

Then, on Tuesday morning, after Justice Merchan’s decision, Mr.

Trump called him “corrupt” in a social media post demanding that
he be recused and the case dismissed.

“Juan Merchan, GAGGED me so that I can not talk about the

corruption and conflicts taking place in his courtroom with respect
to a case that everyone, including the D.A., felt should never have
been brought,” Mr. Trump wrote . “They can talk about me, but I
can’t talk about them??? That sounds fair, doesn’t it?”

Mr. Trump, the first former American president to face criminal

prosecution, is scheduled to go on trial on April 15. Mr. Bragg
charged him with 34 felony counts of falsifying business records
related to the reimbursement of a hush-money payment to hide a
sexual encounter with a porn star, Stormy Daniels.

Mr. Trump, once again the presumptive Republican nominee for

president, has denied the affair and the charges, which he claims
are politically motivated. Mr. Trump and his campaign have also
lashed out at the gag order, calling it “unconstitutional.” And his
lawyers argued against expanding the gag order to include Justice
Merchan and Mr. Bragg’s family, noting that the original order did
not cover the judge or the district attorney.

Todd Blanche, one of Mr. Trump’s lawyers, declined to comment on

Monday.

Steven Cheung, a spokesman for Mr. Trump’s campaign, called the

judge’s amended gag order “unconstitutional,” because, he said, it
prevents Mr. Trump from engaging in political speech, “which is
entitled to the highest level of protection under the First
Amendment.” He added, “The voters of America have a
fundamental right to hear the uncensored voice of the leading
candidate for the highest office in the land.”

Justice Merchan is just the latest judge to impose a gag order on

the former president. A federal appeals court upheld a gag order in
Mr. Trump’s federal criminal case in Washington, where he is
accused of plotting to overturn the 2020 election.

And in his civil fraud case in New York, Mr. Trump was ordered not
to comment on court staff members after he attacked the judge’s
principal law clerk. The judge, Arthur F. Engoron, imposed $15,000
in fines on the former president when he ran afoul of that order.

If Mr. Trump violates the order, the judge could impose fines, and in
extraordinary circumstances, throw him behind bars.

In a court filing on Monday, Mr. Bragg’s office asked the judge to

warn Mr. Trump that he will be punished if he ignores the order,
using stark language that underscored the state’s concern about
the former president’s words.

“Defendant’s dangerous, violent and reprehensible rhetoric

fundamentally threatens the integrity of these proceedings and is
intended to intimidate witnesses and trial participants alike —
including this court,” Mr. Bragg’s office wrote.

In his five-page ruling, Justice Merchan noted that Mr. Trump had
a right “to speak to the American voters freely and to defend
himself publicly.” But he sought to balance those rights with the
impact of Mr. Trump’s statements on the trial.

“It is no longer just a mere possibility or a reasonable likelihood

that there exists a threat to the integrity of the judicial
proceedings,” the judge wrote. “The threat is very real.”

Kate Christobek contributed reporting.

Jesse McKinley is a Times reporter covering upstate New York, courts and politics. More
about Jesse McKinley
Ben Protess is an investigative reporter at The Times, writing about public corruption.
He has been covering the various criminal investigations into former President Trump
and his allies. More about Ben Protess
William K. Rashbaum is a senior writer on the Metro desk, where he covers political and
municipal corruption, courts, terrorism and law enforcement. He was a part of the team
awarded the 2009 Pulitzer Prize for Breaking News. More about William K. Rashbaum
A version of this article appears in print on April 2, 2024 , Section A , Page 18 of the New York edition with the headline:
Trump’s Attacks on Judge’s Family Lead to Expansion of a Gag Order . Order Reprints | Today’s Paper | Subscribe

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Our Coverage of the Trump Hush-Money Case

The Manhattan district attorney has filed charges against former President Donald
Trump over a hush-money payment to a porn star on the eve of the 2016 election.

Taking the Case to Trial: Trump is all but certain to become the first former U.S.
president to stand trial on criminal charges after a judge denied his effort to delay
the proceeding and confirmed it will begin on April 15 .

Implications for Trump: As the case goes to trial, the former president’s inner
circle sees a silver lining in the timing. But Trump wouldn’t be able to pardon
himself should he become president again as he could if found guilty in the
federal cases against him.
Michael Cohen: Trump’s former fixer was not an essential witness in the former
president’s civil fraud trial in New York that concluded in January. But he will be
when he takes the stand in the hush-money case .

Stormy Daniels: The chain of events flowing from a 2006 encounter that the
adult film star said she had with Trump has led to the brink of a historic trial.
Here's a look inside the hush-money payout .

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