In a recent update in the legal saga involving the former US President, Donald Trump was unsuccessful in his effort to convince the court that his series of attacks on the family members of presiding jurists and attorneys classifies as ‘core First Amendment’ speech. Justice Juan Merchan, presiding over the New York hush money case, last night issued an order expanding the gag order on Trump, to include protection for Merchan’s own family as well as those of District Attorney Alvin Bragg.
This ruling follows the recently imposed, more limited gag order, which was designed after one instituted by Judge Tanya Chutkan in DC. Following the imposition of the limited gag order, Trump conducted a series of social media attacks on Justice Merchan’s daughter, publicly posting her photo on Truth Social, while simultaneously questioning her credibility and bias.
Despite the court statement that Merchan’s daughter had discontinued activity on her Twitter account a year ago, Trump’s lawyers vociferously contested. Following these tense events, the DA requested an expansion and clarification of the existing order, asking that the families of Justice Merchan and DA Bragg be deemed off-limits, even while Trump himself remains free to critique the judicial professionals directly.
Trump’s lawyers countered by reasserting Trump’s First Amendment rights, promising to continue their motion for Justice Merchan’s recusal. Additionally, they alleged that the court had acted improperly by making public statements about the case and using the Office of Court Administration to respond.
Justice Merchan responded to the DA’s request, granting most of them, including additional protection for members of the court and attorneys against Trump’s attacks. He pointedly noted that such attacks serve no legitimate purpose and only instill fear in those called to participate in the proceedings. Moreover, he added, these concern interfere with the fair administration of justice and constitute an attack on the Rule of Law itself.
The former president’s actions not only drew scathing remarks for him but also for his legal counsel. Justice Merchan criticized the counterclaims made by Trump’s attorneys as strained at best, and at worst a narrative built on misrepresentation and innuendo. Additionally, Trump was warned that failing to maintain decorum could lead to the court granting motions to withhold the identities of jurors.
Reacting to the court’s decision, Trump voiced his discontent with the ruling on social media, decrying it as ‘election interference.’