Why Trump Will Likely be Held in Contempt and What Then
https://www.justsecurity.org/94878/why-trump-will-likely-be-held-in-contempt-and-what-then/
Trial in The People of the State of New York vs. Donald J. Trump, the first-ever criminal prosecution of a former U.S. president, began on Monday, April 15. Although the trial is still in its early stages, Trump has already run into trouble with a court gag order restricting his extrajudicial statements about trial participants. On the opening day of trial, the office of District Attorney for New York (DANY) Alvin Bragg sought an order to show cause, alleging that Trump was in contempt of court for violating the gag order. That same day, the court granted the order to show cause, meaning that the allegations were sufficient to warrant a hearing, which it set for Tuesday, April 23.
Undaunted, Trump went on to make additional statements that prosecutors allege also violate the gag order. Three days later, on April 18, DANY submitted a supplemental filing identifying seven more alleged violations of the gag order. The court issued an order the same day, again finding the allegations were sufficient for the hearing to be held on Tuesday.
Below we explain the gag order, the alleged violations, and the legal framework. We then assess the strength of the prosecutions case and what may follow.
The Gag Order
In May 2023, the court originally issued a protective order prohibiting Trump from disclosing on social media or elsewhere any discovery the defense received from the prosecution as well as the names and identifying information of personnel from DANYother than sworn members of law enforcement, assistant district attorneys and trial witnesses (the latter could be disclosed only once jury selection began). In granting the protective order, Justice Juan Merchan, the presiding trial judge, explained, Its certainly not a gag order, as Trump was allowed to publicly discuss the case.
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