Trump should stay gagged to protect jurors and witnesses, Manhattan DA argues

Former President Donald Trump's criminal hush money trial may be over, but his fight with prosecutors over a gag order in the case is not.

Trump asked for the gag order to be lifted in a motion June 11, but in a response filed in court Friday, Manhattan District Attorney Alvin Bragg's office said Trump should continue to be restricted when it comes to statements about jurors, prosecutors other than Bragg, and the family members of prosecutors, Bragg and Judge Juan Merchan.

A jury found Trump guilty of 34 felony counts of falsifying business records last month.

Prosecutors did say Trump should be freed from gag order restrictions when it comes to publicly commenting on witnesses such as his former lawyer Michael Cohen and porn star Stormy Daniels.

When it comes to the judge, prosecutors and family members, prosecutors suggested Trump could ask again to lift the gag order after his sentencing July 11, at which time they will review and respond to his new arguments.

Protections remain 'critically important,' prosecutors say

In arguing that a more limited gag order should remain in place, prosecutors said Trump has continued making false accusations since the verdict, including suggesting in his motion to lift the gag order that Bragg is acting in concert with President Joe Biden to try to restrict Trump's speech at the presidential debate June 27.

In making that argument, Trump's lawyers pointed to a request from prosecutors to have until June 24 to respond, writing that it showed they wanted to delay until just before the debate "in the hope that the Court not decide the issue until after." Merchan forced them to respond more quickly.

Bragg's authority is completely separate from the Biden administration because Bragg is a state prosecutor, not a federal one. Bragg is also elected, not appointed.

"As defendant’s continued conduct makes clear, the need to protect participants in this criminal proceeding and the integrity of the criminal justice process from defendant’s attacks remains critically important," prosecutors said Friday.

No justification for gag order after trial, Trump argues

The March 26 gag order has long been a point of contention in the case. Merchan imposed and later expanded it after concluding that Trump had a history of making statements that created fear in people involved in his legal cases and increased security needs. Merchan expanded the gag order to include family members after Trump attacked the judge's own daughter on social media.

Merchan later concluded Trump violated the gag order 10 times, holding Trump in criminal contempt for each violation and warning that Trump could be jailed for future violations.

In their motion asking for the gag order to be lifted, Trump's lawyers said the only concern that is sufficiently important to justify a gag order on a defendant relates to preserving the integrity of trial proceedings.

"Because the trial is over, there is no longer any basis for the Gag Order," Trump's lawyers argued.

This article originally appeared on USA TODAY: Trump should remain gagged to protect jurors: Manhattan DA Alvin Bragg