Following his impeachment in Manhattan, former President Donald Trump has been unable to stop himself from responding to the allegations on social media, but experts say that could be about to change.
Trump, 76, lashed out several times at Truth Social after announcing Thursday that he would face charges over alleged secret money payments to porn star Stormy Daniels.
But his freedom to respond as he sees fit is likely to be curtailed once he surrenders and appears in a Manhattan court on Tuesday.
Duncan Levin, a former federal prosecutor for the Justice Department, has warned that acting Manhattan Supreme Court Justice Juan Merchan is likely to issue a gag order against the former president.
If Trump violates it by speaking about the case outside of the courtroom, he could be punished for criminal contempt, which under New York law is a fine of up to $1,000, 30 days in jail, or sometimes both.
Trump, 76, has lashed out several times at Truth Social following the announcement Thursday that he would face charges over alleged secret money payments to porn star Stormy Daniels.
He called it a “witch hunt” by Democrats, but could not publish anything similar if the restriction is implemented.
Levin said Well-informed person: ‘I think it’s not only a possibility, but it’s very likely that there’s a gag order in the case.
‘Gag orders are very common in criminal cases, particularly in cases where there is an enormous amount of pre-trial publicity like this.’
Former Trump attorney Michael Cohen was previously sent back to federal prison in upstate New York for challenging a gag order while serving his three-year sentence under home confinement.
The former president has been unable to stop talking about his upcoming court hearing, calling it a “witch hunt” for Democrats and launching a series of vicious attacks on Merchan and Manhattan District Attorney Alvin Bragg.
Merchan previously presided over the Manhattan tax fraud case in which the Trump Organization was found guilty, and Trump wrote on Truth Social that the judge “HATES ME.”
Levin added: “This is a criminal case now, so the rules have changed and the rules are no longer within its purview.”
“He is a criminal defendant and, you know, we see hundreds of thousands of criminal defendants across the country every day who are stripped of many rights and now he is one of them. These procedures are going to change his life.’
The lawyers may also be limited to the routine details of the case, as well as the upcoming court appearance, but Levin thinks a gag order is likely to be issued for both legal teams.
Acting Manhattan Supreme Court Justice Juan Merchan has been described as a “sensible judge” who would not hesitate to jail someone for violating a gag order.
If Trump violates it by speaking about the case outside of the courtroom, he could be punished for criminal contempt, which under New York law is a fine of up to $1,000, 30 days in jail, or sometimes both.
Trump’s attorney, Joe Tacopina, told NBC’s “Today” on Friday that Trump was “initially shocked” by the impeachment news but is “ready to be combative” in his defense.
Former Indiana Attorney General Jeff Modisett added that the order would be a “narrowly narrow and carefully defined gag order” that would stand on appeal.
Typically, those who violate a gag order receive a warning, but subsequent violations “would likely lead to contempt of court,” according to Levin.
He added: “Theoretically, a litigant who violates a gag order could be jailed.
‘Merchan is an absolutely sensible judge who will keep a very tight rein on the proceedings.
The lawyers may also be limited to the routine details of the case, as well as the upcoming court appearance, but Levin thinks a gag order is likely to be issued for both legal teams.
“Trump’s out-of-court statements are not going to go down well with this judge. If the judge finds out that he has crossed the line, he better believe that this judge is going to do something about it.
The exact charges against Trump will not be known until the indictment is unsealed, which is expected to happen next week.
They are believed to be related to his former lawyer Michael Cohen’s $130,000 payment in 2016 to Daniels, a porn star who claims to have slept with Trump in 2005.
Trump maintains his innocence and insists he had nothing to do with it.