Former President Donald Trump is now under a court order restricting public statements he can make that are related to a criminal case he has been facing in Manhattan, and he (virtually) appeared in court to go over its terms last week.
In short, he is blocked from using evidence made available by prosecutors in public commentary, including on social media. He is also under restrictions regarding his access to and handling of evidence amid discovery, which is the pretrial period when both sides can accumulate relevant information. Among other examples, he can’t just generally see images from witnesses’ phones without special permission from the court. Elsewhere, it’s become known that prosecutors have a recording of Trump in their evidence, though the contents of that recording are unknown in the public eye. The trial is happening March 2024.
This case concerns allegedly falsified business records that were meant to conceal payments to then-Trump ally Michael Cohen after he covered the hush money for Stormy Daniels, a woman with whom Donald allegedly had an affair. The team of Manhattan District Attorney Alvin Bragg pursued the restrictions on what Trump can say, and Judge Juan Merchan, who is handling the case, rejected arguments from Trump’s corner that the framework imposed some kind of insurmountable or unacceptable hurdle to the exercise of his rights under the First Amendment as he runs for president again.
Predictably, Donald himself made that argument in later comments online, though. During the actual proceedings, it seems he was mostly subdued. “He is certainly free to deny the charges,” Merchan said, per NBC. “He is free to defend himself against the charges. He is free to campaign. He is free to do just about anything that does not violate the specific terms of this protective order.”
Todd Blanche, a lawyer for Trump who was with him in Florida while the ex-president made his virtual appearance, said Donald “understands he has to comply” with the judge’s directives. Trump could face serious consequences, potentially both from the court and prosecutors, if he violates the confidentiality he must respect. Bragg’s team has already indicated a willingness to pursue additional charges alleging criminal contempt if Donald violates the order.
