Donald Trump's Newest Gag Order Has Key Difference Than Previous

The latest gag order against Donald Trump has a notable difference from his past court restrictions—the order issued on Tuesday only applies to what the former president can say about his hush-money case that heads to trial next month.

Judge Juan Merchan, who is overseeing the criminal case brought against Trump by Manhattan District Attorney Alvin Bragg, on Tuesday barred the former president from making public statements about individuals involved in the case. The order came hours after Trump attacked Merchan and his daughter in a post on Truth Social, calling the judge a "certified Trump Hater."

Trump, the presumptive GOP nominee for November, was handed a 34-count indictment last spring in connection to hush money payments made during his 2016 presidential campaign to adult film actor Stormy Daniels, which were allegedly intended to prevent her from discussing her affair with the former president publicly. Bragg's office has accused Trump of falsifying business records to keep the payment under wraps, and the former president has pled not guilty to all charges.

In a four-page order, which was in response to a gag order request from Bragg, Merchan directed the former president to "refrain" from making statements about potential witnesses, prosecutors and District Attorney staff members, or any prospective jurors in the case.

The former president has a history of attacking his opponents online, including the prosecutors behind his stack of legal challenges. Trump has pled not guilty to all 91 felony counts against him as he runs for reelection and has repeatedly called the investigations against him a form of "election interference" and a "witch hunt."

Several judges have issued gag orders intended to limit what Trump is allowed to say publicly about witnesses, court staff and others related to his criminal and civil cases. Judge Tanya Chutkan placed restrictions in October on what Trump could say about Special Counsel Jack Smith in relation to his federal election subversion case. Judge Arthur Engoron issued a similar gag order that same month which targeted what the former president could say about the court and others in connection to his civil fraud case in New York.

But in the past gag orders placed on Trump's court cases, the judges have imposed restrictions on all parties related to the case, including both prosecutors and the defense team. Merchan's order on Tuesday, however, specifically called out Trump.

"The uncontested record reflecting the Defendant's prior extrajudicial statements established a sufficient risk to the administration of justice...and there exists no less restrictive means to prevent such risk," Merchan wrote.

When reached for comment, a spokesperson for Trump told Newsweek that Merchan's order violates the former president's free speech, writing, "Judge Merchan's unconstitutional Gag Order prevents President Trump—the leading candidate for President of the United States—from engaging in core political speech, which is entitled to the highest level of protection under the First Amendment."

"Worst of all, the gag order violates the civil rights of over 100 million Americans who follow President Trump and have a First Amendment right to receive and listen to his speech," the spokesperson added. "American voters have a fundamental right to hear the uncensored voice of the leading candidate for the highest office in the land. President Trump will keep fighting for our country and our Constitution."

The hush money case is scheduled to head to trial on April 15.