'Striking' Detail in Donald Trump's Gag Order Revealed by Legal Analyst

Legal analyst Jonathan Turley pointed out what he called a "striking" detail in Donald Trump's gag order in the Manhattan criminal case against the former president in an opinion piece he posted on his website on Wednesday.

Turley, an attorney and professor at the George Washington University Law School, wrote that he was surprised Trump's former lawyer, Michael Cohen was protected in the ruling.

"What is most striking is the protection of Cohen who continues to goad Trump in public attacks," Turley writes.

The former president has been accused of allegedly falsifying business records relating to hush-money payments to adult film star Stormy Daniels during his 2016 presidential campaign in a case brought on by Manhattan District Attorney Alvin Bragg. Trump, who is the presumed 2024 GOP presidential nominee, has pleaded not guilty to all charges and claims the case is politically motivated against him. Daniels has alleged that she had sex with Trump in 2006, which Trump has denied.

Judge Juan Merchan, who is presiding over the criminal trial, imposed a gag order on Trump on Tuesday, barring him from making public statements about those involved in the case, excluding Merchan, himself, and Bragg. Daniels and Cohen are protected under the order.

Cohen served prison time after pleading guilty to eight criminal counts, including campaign finance violations related to the alleged hush money scheme. He has emerged as a fierce Trump critic, often appearing on MSNBC for his unique perspective as a former member of Trump's inner circle. He will serve as a key witness in Bragg's case against the former president.

In response to Turley's remarks, Cohen told Newsweek via text message on Wednesday, "Turley needs to take a break from his Trump ass kissing tour long enough to acknowledge that Donald is the defendant in this case; not me. I am merely a non party subpoenaed witness."

Turley argued in his article that the gag order raises "very serious free speech questions" in what he called a "legally flawed" case.

"Indeed, I was highly critical of Cohen when he was still the thuggish lawyer for Trump. He is now one of the loudest critics of his former client and has made continual media appearances, including on his expected appearance in this case," Turley continued.

Turley accused Cohen of being "actively engaged in a campaign to block Trump politically," saying that he "has done countless interviews on this case as part of the legal campaign."

The law professor advised Trump's legal team to appeal the gag order, adding, "The odds always run against challenging such orders and appellate courts are disinclined to even review such orders. However, there is a legitimate free speech concern raised by this order that should be reviewed by higher courts."

Newsweek reached out to Turley via email for comment.

Trump's spokesman called the gag order "unconstitutional" in a statement to Newsweek on Tuesday.

"Manhattan DA Alvin Bragg, at the direction of Crooked Joe Biden, chose to indict President Trump in the middle of campaign season in a politically motivated attempt to derail his candidacy, and the First Amendment allows President Trump to speak out against this unconstitutional tyranny," the spokesman said.

Meanwhile, on Monday Merchan scheduled the trial to start on April 15, 2024. This trial will be the first of three criminal trials that Trump has on his radar and the first time a president will be tried criminally.

Trump has pleaded not guilty to the other three criminal indictments against him, which are related to election interference on the state and federal level, as well as obstructing the government's efforts to retrieve mishandled classified documents. The former president has also claimed that these cases are politically motivated against him.