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When Judge Juan Merchan imposed a gag order on Donald Trump last week, it raised the question of how the New York judge would enforce it. That seemingly inevitable reality quickly materialized — at least in the eyes of Manhattan prosecutors in the hush money case. They wrote to the judge after Trump made social media posts targeting Merchan’s daughter.
But it’s unclear what Merchan can or will do about it.
To recap, the judge imposed the order March 26. “Just one day later,” prosecutors wrote, Trump “made two social media posts targeting a family member of this Court.” They urged Merchan to “clarify or confirm” that his order “protects family members of the Court, the District Attorney, and all other individuals mentioned in the Order.”
The difficulty with this commonsense plea for decency from the former president, at least when it comes to the judge’s family, is that Merchan’s order does not appear to encompass the judge and his family.
The difficulty with this commonsense plea for decency from the former president, at least when it comes to the judge’s family, is that Merchan’s order does not appear to encompass the judge and his family. The relevant part of the order bars public statements about “the family members of any counsel or staff member.”
Still, prosecutors asked Merchan to “make abundantly clear” that the order “protects family members of the Court, the District Attorney, and all other individuals mentioned in the Order.” They further asked the judge to “warn defendant that his recent conduct is contumacious and direct him to immediately desist” and said that Trump should face sanctions if he “continues to disregard such orders.”
But Trump’s dangerous statements about the judge’s daughter don’t seem to violate the gag order as written. The order is arguably less clear, however, about whether it applies to Manhattan District Attorney Alvin Bragg’s family. So even if it doesn’t apply to the judge’s family, he can clarify its application to others.
It should go without saying, but won’t, that it’s absurd that the presumptive GOP presidential nominee needed a gag order in the first place, much less whether he has already violated it. But not every bad act is illegal. Nonetheless, we’ll see how Merchan responds, even if only to clarify that Trump hasn’t violated the order but to remind him of the penalties for doing so.
It should go without saying, but won’t, that it’s absurd that the presumptive GOP presidential nominee needed a gag order in the first place, much less whether he has already violated it.
And while it’s little solace to the judge and his family, who face real danger from the former president’s words, Trump dragging the judge’s family into the case risks distracting from the case itself. That case is going to trial April 15, when jury selection is set to begin. Though it’s completely doable — indeed, necessary — to enforce court orders while moving a case to trial, Merchan may be weary of walking into a trap of Trump’s making. The judge knew the risks when he kept himself out of the order to begin with. The strongest response the judge can deliver, then, may be doing whatever he can to ensure that the case stays on track.
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