Judge's Gag Order is 'Working' on Donald Trump: Legal Analyst

The gag order against former President Donald Trump in his New York City hush money criminal trial is "working," a legal analyst said Monday morning.

Attorney and legal analyst Elie Honig appeared on CNN's Trump Hush Money Trial special to talk about the recent gag order imposed against Trump by New York State Supreme Court Justice Juan Merchan.

Merchan has now fined Trump $10,000 for 10 gag order violations. Monday morning, Merchan threatened the former president with jail sanctions should the violations continue.

"While I share in the criticism of the judge for taking too long to hold these hearings and to issue these rulings, it sort of looks like it's working, a little bit," Honig said about the gag order violations against Trump. "Ever since the judge came out last week and said, 'If I have to, I will lock you up,' Trump has not violated the gag order."

Trump in NYC
Former President Donald Trump speaks to the press during his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, on May 6. Trump, 77,... AFP/Getty Images

The Context

Trump's criminal trial in Manhattan is expected to continue this week where he is accused of making hush money payments to former adult film star Stormy Daniels in 2016.

In April 2023, the former president was indicted by Alvin Bragg, who said Trump "fraudulently falsified New York business records to conceal crimes that hid damaging information—including a $130,000 hush money payment to adult film star Stormy Daniels—from the public during the 2016 presidential campaign." Trump is currently facing 34 felony counts for allegedly falsifying business records in connection with the payments made to Daniels.

It is also alleged that Trump had an affair with Karen McDougal, a former Playboy model and prior to the 2016 election, the Wall Street Journal published a story about how the National Enquirer bought the rights to McDougal's story as part of a "catch-and-kill" scheme.

Trump has continued to deny any wrongdoing in the case while repeatedly criticizing the gag order and Merchan, who is overseeing the trial.

What We Know

Last week, Trump was previously found in violation of the gag order nine times, including seven posts to his Truth Social account and two others on his campaign website.

The nine posts found in violation were later removed from his social media accounts and Trump said that the judge had removed his "constitutional right to free speech."

"I am the only Presidential Candidate in History to be GAGGED," Trump posted on Truth Social last Tuesday. "This whole "Trial" is RIGGED, and by taking away my FREEDOM OF SPEECH, THIS HIGHLY CONFLICTED JUDGE IS RIGGING THE PRESIDENTIAL OF 2024 ELECTION. ELECTION INTERFERENCE!!!"

Merchan announced a 10th violation Monday morning during the trial.

Newsweek reached out to Trump's spokesperson via email for comment.

Views:

Newsweek's Katherine Fung, who is inside the courtroom, reported on X, formerly Twitter, that Merchan warned Trump of possible jail time if he continues to violate the gag order.

"'The last thing I want to do is put you in jail,' the judge tells him. 'You are the former president of the United States and possibly the next,'" Fung reported on X.

What's next:

The trial is expected to continue throughout this week, where several different witnesses will take the stand.

While speaking to reporters on Monday morning, Trump said, "They have absolutely no case."

"It's a political hoax, it's election inference, anything they can do. And even the witnesses they want to bring up, they have nothing to do with the case," the former president added.

Update 5/6/24, 10:25 a.m. ET: This story has been updated with further information.

Update 5/6/24, 11:20 a.m. ET: This story has been updated with further information.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more

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