Former President Donald Trump’s legal team is opposing a request for a limited gag order from District Attorney Alvin Bragg as they worry that he could incite attacks on witnesses, jurors, and court staff. The defense argues that “tens of millions of Americans” want to hear Trump’s perspective on the upcoming trial regarding hush money in New York.
They filed papers on Monday in response to the district attorney’s proposed gag order, stating that the First Amendment protects not only speech but also those who listen to it. The defense lawyers, Susan Necheles and Todd Blanche, argue that the gag order would not only harm Trump but also those who want to hear his campaign speech.
The legal team contends that American voters have the right to hear Trump’s uncensored voice on matters related to the case. They emphasize that restricting Trump’s speech would also harm the tens of millions of Americans who listen to him.
The judge and District Attorney Bragg have expressed concerns about Trump potentially inciting attacks, referencing past instances where Trump targeted individuals he saw as adversaries. The defense asserts that Trump has not incited attacks on witnesses, jurors, or court staff and that the judge’s warning from the arraignment should be sufficient.
Additionally, Trump’s lawyers addressed Bragg’s request for an anonymous jury, arguing that knowing the identities of potential jurors is essential for effective jury selection. They highlight that Trump has not made any public statements since May 2023 that targeted jurors by name.
The ruling on the proposed gag order and juror anonymity is pending from Justice Juan Merchan.
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