New York Judge Juan Merchan faced criticism even after his decision to partially lift the gag order against former President Trump. Fox News legal analyst Gregg Jarrett argued on "Fox & Friends" Wednesday that the order should have been lifted when the trial concluded, adding that silencing a presidential candidate violates the free speech rights of Trump and the American public.
GREGG JARRETT: It's another warped and senseless ruling by Judge Merchan. This gag order was already an unconstitutional prior restraint of speech. It should have been lifted weeks ago when the trial ended, the jurors are dismissed. The fact that it wasn't underscores, I think, the unfair treatment of Donald Trump. Nothing magically changed yesterday to lift part of the gag order.
And equally baffling, I think, is the fact that the New York appellate court seemed utterly unbothered, stating, oh, there's no substantial constitutional question. Are you kidding me? Other than that pesky little document called the First Amendment. Silencing a presidential candidate not only violates his free speech rights, but the rights of listeners, the American public. They have a protected right to hear political speech.
LEGAL EXPERT SAYS GAG ORDER IN TRUMP CASE IS ‘UNTETHERED’ TO ‘RATIONALE’ AFTER COURT ORDER
On Tuesday, Merchan partially lifted the gag order he imposed against Trump – weeks after the jury found him guilty on all counts.
Trump and his legal team have been fighting the gag order since it was imposed at the start of the trial, but ramped up their efforts when it concluded last month. The presumptive Republican nominee's legal team argued the gag order should be lifted before the June 27 presidential debate.
Merchan's gag order barred Trump from making or directing others to make public statements about witnesses with regard to their potential participation or about counsel in the case – other than Manhattan District Attorney Alvin Bragg – or about court staff, DA staff or family members of staff.
Trump is now able to speak about protected witnesses and jurors.
Trump is still blocked from commenting about individual prosecutors, court staff and their family members. That portion of the gag order will remain in effect until Trump's sentencing on July 11.
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Fox News' Brooke Singman and Maria Paronich contributed to this report.
