Legal experts have noted that Donald Trump’s recent social media remarks about the jury in his hush money trial may have violated a gag order imposed by Judge Juan Merchan in March. This order prohibits the former president from making public comments about prosecutors, witnesses, jurors, or their families in the high-profile case, including Merchan’s family and that of Manhattan District Attorney Alvin Bragg. The trial will determine whether Trump falsified business records over payments to Stormy Daniels to keep an alleged affair secret before the 2016 election, with prosecutors alleging the payments were part of a scheme to prevent damaging stories about Trump from becoming public.
On his social media platform, Truth Social, Trump posted a quote from Fox News commentator Jesse Watters, suggesting that undercover liberal activists were lying to the judge to get on the Trump jury. Legal analysts, including former Manhattan chief assistant district attorney Karen Friedman Agnifilo, have stated that Trump’s reposting of these statements about potential jurors could be seen as violating the gag order and could intimidate prospective jurors. Former special counsel Ryan Goodman also noted on X (formerly Twitter) that Trump’s actions appear to be in violation of the gag order, despite its clear prohibitions on making public statements about jurors in the criminal proceedings.
Prosecutors have already accused Trump of violating the gag order three times by posting about witnesses Michael Cohen and Stormy Daniels on social media after the trial’s first day. They have requested a $3,000 fine for these violations, and a hearing on the matter is scheduled for April 23. Legal expert Stephen Gillers of New York University School of Law has suggested that if Trump is found to have violated the gag order, he could potentially face charges of criminal contempt of court. Such charges would require a trial, and if convicted, Trump could face a maximum imprisonment of 30 days and a fine of up to $1,000.
The jury selection process for the hush money trial is still ongoing, with the trial itself expected to last between six and eight weeks. It remains to be seen how the judge will address Trump’s potential violations of the gag order and whether further consequences will be imposed. Trump’s repeated actions in posting about the case and individuals involved have raised concerns about the integrity of the legal proceedings and the possibility of interference or intimidation of jurors. The outcome of this trial could have significant implications for Trump’s political future and legal standing, particularly as he prepares for a potential presidential run in 2024.
