As jury selection approaches in three weeks, Trump's defense lawyers urge Judge Juan Merchan to dismiss prosecutors' recent plea for a limited gag order, emphasizing the importance of Trump's ability to respond fully to attacks by political opponents.
In a filing submitted on Monday, defense lawyers contended that the proposed gag order does not meet the legal criteria for limiting a defendant's speech. They characterized the proposed gag order as an “unconstitutional” attempt to attack President Trump through politically motivated indictments.
Manhattan District Attorney Alvin Bragg requested last week that Judge Merchan restrict Trump from publicly commenting on judicial staff, potential witnesses, jurors, and prosecutors other than Bragg himself in the case.
In reaction, defense lawyers criticized the gag order as a “heckler's veto,” arguing that it fails to specify or substantiate potential threats or harassment from third parties.
They additionally contended that Trump has adhered to previous gag orders and the protective order established by Merchan in this case.
Defense lawyers argued that prosecutors had not shown evidence of how Trump's recent statements, despite his alleged “long history of making public and inflammatory remarks” about witnesses and jurors, led witnesses to feel intimidated or harassed.
In Monday's filing, Trump's lawyers asserted that the president should be allowed to respond to public attacks from witnesses in the case, specifically referencing recent remarks made by Daniels and Cohen.
The trial is set to commence on March 25th.
