Main elements of a gag order that prevents Donald Trump from commenting publicly on certain people involved with his New York criminal trialincluding jurors, should remain in place, prosecutors said, perhaps even after Trump is sentenced on July 11.
Prosecutors for Manhattan District Attorney Alvin Bragg told Judge Juan Merchan in a document released Friday that the order is necessary to protect jurors, attorneys and staff from threats. Since his sentencing three weeks ago, prosecutors wrote, Trump “has not excused jurors from his alarming rhetoric that he would have 'every right' to seek retribution as president against the participants in this trial as a result of the his sentence because “sometimes revenge” can be justified.
Merchan issued the gag order on March 26, barring the former president from making public comments about witnesses, jurors, the court and prosecution staff, as well as the family members of any attorneys or court staff. Prosecutors said Friday they agreed with Trump's lawyers that the witness protections were no longer necessary, but said the rest of the order's provisions should remain in place.
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Prosecutors said the gag order includes “protections narrowly tailored to specific participants” in the case, allowing Trump to comment on a number of other people not involved in the prosecution, including President Biden, officials of the White House and Robert De Niro, the actor and Democratic surrogate. .
But prosecutors said Trump's words since his conviction have raised safety concerns for trial participants, especially jurors.
“Supporters of the defendant, following his lead, have attempted to identify jurors and have threatened violence against them,” prosecutors said. A lawyer for Trump did not immediately return a request for comment.
The filing also said the NYPD tracked 56 “actionable threats” directed at Bragg, his family and staff between April and June. That number does not include nearly 500 other threatening calls and emails that were referred to police, according to the filing.
New York's highest court dismissed an appeal by Trump's lawyers who challenged the constitutionality of the gag order on Tuesday. The Court of Appeals' brief ruling said the panel found “that no substantial constitutional question is directly involved.”
A lower appeals court in May found that Merchan “correctly determined that [Trump’s] the public statements posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case.”
When Merchan issued the gag order in March, he said it was because of Trump's statements about the people involved in the case that were “threatening, inflammatory, [and] denigrating”.
Trump violated the gag order 10 times before and during the trial. He was eventually convicted of 34 counts of falsifying business records for masterminding a scheme to cover up refunds of a “hush money” payment to an adult film star days before the 2016 presidential election to prevent voters from learn of their complaints. He continues to deny all wrongdoing.
Trump has vowed to appeal the conviction, and the case itself may eventually end up in the state Court of Appeals. Trump is slated to be condemned in the case of July 11. He faces jail time not only for the conviction, but also for further violations of the gag order, as Merchan previously warned.
In their latest filing, prosecutors hinted that they could ultimately argue for the gag to stay in place after sentencing as Trump tries to appeal his conviction. They included an exhibit showing that the office has received a spate of threats of violence.
“The rationale for this provision may continue after sentencing because the attorney and staff members of the District Attorney's Office who participated in this trial will remain involved in any appeal, along with the appellate staff. additional lation; and this criminal process will continue through the appeal that the defendant has already announced that he intends to file,” prosecutors wrote. “The need to protect prosecutors, staff and their families from the defendant's violent rhetoric and inflammatory public attacks may therefore continue after sentencing.”
