The New York appellate judge who this week temporarily lifted a gag order barring Donald Trump from commenting on personnel in his civil court trial was naive about the risks the former president’s social media posts pose, a legal expert says
Former U.S. Attorney Barbara McQuade warned MSNBC viewers Friday that Judge David Friedman’s temporary stay could result in dangerous consequences for those involved in the $250 million civil court trial.
“The judge is wrong here and is being naive about the threats and the risk here,” McQuade said. “Courts have to balance competing values: the rights of free speech and public safety. Neither one of those things is more important than the other.”
McQuade pointed to death threats received by judges and prosecutors in Trump’s criminal court cases and the attack on former House Speaker Nancy Pelosi’s home as proof of the real consequences tied to Trump’s posts.
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“We live in a very dangerous time,” McQuade said. “I think courts have to appreciate the very serious threat that's there.”
McQuade acknowledged the importance of protecting political speech, especially when it comes to the leading conservative candidate in an upcoming presidential election.
The debate over the New York case gag orders — one directed at Trump and another at his legal team — next heads to an appeals court on Nov. 27.
McQuade said it will be up to the three-judge panel overseeing arguments to decide if and how to gag Trump.
“How do you thread that needle?” McQuade said. “I think that's what will be before both of these appellate courts in deciding how narrow they need to be in gagging someone who's running for president.”
