In the criminal case against Donald Trump in Manhattan connected to hush money provided before the 2016 presidential election to Stormy Daniels, Judge Juan Merchan has imposed restrictions on the use of evidence provided by prosecutors during the discovery period.
Discovery is, in this context, a pretrial period when both sides have the opportunity to assemble potentially relevant evidence in forms including documentary materials and depositions. The limits that Merchan approved will effectively and perhaps most relevantly restrict Trump’s public statements about the case, meaning he won’t be able to use portions of what prosecutors provide in his predictable public rants. It’s not a uniform gag order, meaning he’ll still be able to generally discuss the case. As highlighted by NBC, what’s restricted by the limits Merchan did impose includes “any materials and information provided by the People to the Defense in accordance with their discovery obligations.” Anything made public, at least through official channels, wouldn’t be included, and materials Trump’s side produces in discovery also generally wouldn’t be restricted here, it would seem.
Trump will also be under particular restrictions on how he can access materials associated with discovery at all. He will not be permitted to possess items in a category known as Limited Dissemination Materials, and he is generally restricted from at all accessing “forensic images” taken from cellphones of witnesses in the case, although exceptions are available involving approval from the court. Predictably, Trump’s legal team in this case insisted there would be violations of First Amendment rights held by the former president — and, somehow, Americans in general — if the restrictions were imposed. They claimed Trump’s legal opportunity “to freely discuss his own character and qualifications for federal office” would be limited, although those weren’t the contours sought by the prosecutor’s team.
Ahead of Merchan agreeing with the push for formal limits on the handling of materials made available during discovery, he’d already sounded supportive, reports noted. “If he’s running for office, you’re saying he should be held to a different standard from all other defendants who come into this courtroom?” Merchan asked a Trump lawyer during recent proceedings.
Trump is also facing a likely imminent jury verdict in his civil trial in New York on claims from writer E. Jean Carroll of sexual assault. The consequences of a verdict for Carroll could mean financial penalties for Trump, who has said he will appeal, lying that he was somehow restricted from speaking in his defense at trial.
