Manhattan prosecutors are newly seeking to impose a gag order on former President Trump as his hush money criminal trial approaches.
The requested restrictions on Trump’s speech mimic those imposed on him in his criminal case in Washington, D.C.
If granted, Trump would be barred from making statements about court staff, their family members as well as prosecutors other than Manhattan District Attorney Alvin Bragg (D), so long as the statements are made “with the intent to materially interfere with” the case.
It would also prevent Trump from making statements about any jurors.
“And the need for such protection is compelling,” prosecutors wrote in their motion. “Defendant has a long history of making public and inflammatory remarks about the participants in various judicial proceedings against him, including jurors, witnesses, lawyers, and court staff.”
“Those remarks, as well as the inevitable reactions they incite from defendant’s followers and allies, pose a significant and imminent threat to the orderly administration of this criminal proceeding and a substantial likelihood of causing material prejudice,” they added.
Soon after he was charged, Trump was placed under a protective order, which prevents him from publicly disclosing materials received through discovery.
But the demand to restrict Trump’s speech marks a major escalation, coming just weeks before he is set to head to trial in the case on March 25.
Trump has attacked the gag orders imposed on him in two other cases. His attorneys have argued in court that they violate their client’s First Amendment right, describing the restrictions as stifling Trump’s core political speech and emphasizing his status as a presidential candidate.
The Hill has reached out to Trump’s legal team for comment.
Bragg’s office referenced the other gag orders in their new motion, saying similar protections for witnesses, jurors and court staff are necessary in the hush money case as it becomes the first-ever criminal trial of a former president.
The 331-page request also included dozens of Trump’s Truth Social posts attacking Bragg as well as other prosecutors and judges involved in his cases.
“Those attacks have had direct and serious consequences for his targets. And those harms are multiplied as defendant’s followers take his lead to pursue additional threats, intimidation, and harassment,” prosecutors wrote.
The new filing also included a sworn affidavit from the commanding officer of Bragg’s security detail, who said a city threat assessment team only identified one threat against the district attorney, his family or employees the year before he indicted Trump. That number skyrocketed to 89 in 2023, the commanding officer indicated.
Updated 2:29 p.m.
