Donald Trump Gag Order Win May Backfire, Says Former Prosecutor Glenn Kirschner

Former federal prosecutor Glenn Kirschner has voiced concerns over Judge Juan Merchan's decision to partially lift the Donald Trump gag order during his Manhattan criminal hush money trial.

The order, originally aimed at preventing Trump from discussing witnesses and jurors, has been adjusted to allow such commentary but still bars him from targeting prosecutors and court staff, according to HuffPost.

Kirschner, known for his "Justice Matters" series on YouTube, highlighted the potential consequences of Trump's newfound freedom of speech, suggesting it could lead to harassment or intimidation of trial participants.

He emphasized that such behavior might influence Trump's sentencing, scheduled for July 11.

Analysis of Judge Juan Merchan's Decision

Glenn Kirschner analyzed the implications of Judge Merchan's recent decision to modify the Donald Trump gag order.

Originally imposed to protect trial integrity, the order restricted Donald Trump from discussing witnesses, jurors, and their families.

Despite multiple violations, including fines totaling $10,000, Trump faced ongoing restrictions until this recent adjustment.

In late May, a New York City jury found Trump guilty on 34 charges related to falsifying business records concerning a payment to adult film actress Stormy Daniels before the 2016 election.

This marks Trump as the first former US president convicted of felony crimes.

Trump maintains innocence and plans to appeal, denouncing the case as politically motivated.

Judge Merchan's modification allows Trump to comment on witnesses like Michael Cohen and Stormy Daniels, pivotal figures in the hush money trial.

However, Trump remains prohibited from revealing jurors' identities or addresses and criticizing court staff and prosecutors until after sentencing.

Kirschner highlighted the significance of Trump's behavior post-verdict in shaping his sentencing.

He speculated that any inflammatory remarks by Trump could intensify legal arguments for incarceration.

Kirschner cited previous cases where social media posts influenced sentencing decisions, emphasizing their enduring digital footprint.

In a conversation with Newsweek, Kirschner discussed applying social media evidence in sentencing, noting its relevance in demonstrating post-conviction conduct.

He stressed the importance of deterrence in sentencing, aiming not only to prevent repeat offenses by Trump but also to dissuade others from similar criminal paths.

Implications of Trump's Freedom of Speech

Judge Merchan's adjustment of the gag order grants Donald Trump new latitude in discussing trial details, excluding prosecution and court personnel.

Kirschner expressed apprehension about potential repercussions, fearing Trump's unrestricted speech could jeopardize trial participants' safety.

Kirschner speculated that Trump might utilize this freedom to intimidate or threaten witnesses and jurors, behaviors that could exacerbate sentencing deliberations.

He pointed out previous attempts by Trump's allies to circumvent the gag order and Trump's own past violations, underscoring Merchan's challenge in maintaining trial fairness.

As Trump's July 11 sentencing approaches, Kirschner underscored the role of judicial restraint in curbing Trump's potential misconduct.

He emphasized the legal community's scrutiny of Trump's post-verdict behavior and its impact on sentencing outcomes, echoing concerns about maintaining trial integrity amid heightened political scrutiny.

Judge Juan Merchant's decision to modify the Donald Trump gag order reflects ongoing legal tensions surrounding Donald Trump's criminal trial, The New Republic noted.

Glenn Kirschner's analysis underscores the potential ramifications of Trump's expanded freedom of speech on trial proceedings and sentencing deliberations, suggesting a pivotal juncture in judicial oversight and legal accountability.

This article is owned by Latin Post.

Written by: Ross Key

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