Attorneys representing former President Donald Trump have requested that the judge in his New York hush-money case lift the gag order now that the trial has ended.
In a letter sent to Judge Juan Merchan on Monday, Trump’s legal team argued that the court’s previous concerns no longer warrant ongoing restrictions on Trump’s right to free speech.
Last Thursday, Trump was convicted on 34 counts of falsifying business records related to a payment intended to silence a pornographic actress who claims to have had a sexual encounter with him. The gag order, implemented on March 26, prohibited Trump from making public comments about witnesses, jurors, prosecutors, court staff, and their families.
Trump lawyers Todd Blanche and Emil Bove wrote in the letter to the judge that Trump should enjoy “unrestrained campaign advocacy”.
They say his case is “made even stronger” after his political opponent, US President Joe Biden, spoke publicly about the case.
They add that Trump is currently unable to defend himself against “continued public attacks” by witnesses for the prosecution, like his ex-lawyer Michael Cohen and the porn star, Stormy Daniels.
The letter also mentions that on June 27, Trump will take part in the first presidential debate against Joe Biden.
Judge Merchan will sentence Trump on July 11, which is four days before he is formally nominated by the Republican Party for president.
The judge has turned down his team’s several attempts in the past to have the gag order lifted.
Judge Merchan threatened to put Trump in jail if he continued to break the gag order and fined him $10,000 (£7,800) during the trial.
“The last thing I want to consider is jail,” Judge Merchan told him in court. “You are [the] former president and possibly the next president.”
“Your continued willful violation of the court’s order…constitutes a direct attack…and will not be allowed to continue,” he said.The order still permits Trump to criticise District Attorney Alvin Bragg, who brought the case against Trump, and Judge Merchan.
Prosecutors had argued that the gag order was needed to “protect the integrity of this criminal proceeding and avoid prejudice to the jury”.
On Friday, Trump told reporters that he believed the gag order should have expired at the conclusion of the trial, and that his lawyers were seeking clarity from Judge Merchan.
“I’m under a gag order, nasty gag order,” he said at Trump Tower after the verdict.
Referring to Cohen, a star witness for the prosecution, he said: “I’m not allowed to use his name because of the gag order.”
Also on Friday, Mr Biden referred to Trump as a “convicted felon”, telling reporters at the White House, “it’s literally driving him crazy.”