Trump Lashes Out At Key Witness In Hush Money Case—Despite Gag Order

Topline

Former President Donald Trump again lashed out at prosecutors and a key witness in his upcoming hush money criminal trial in New York City, set to start Monday—flirting with the limits of a gag order in the case that prohibits him from making disparaging remarks about witnesses in the case.

FILE – Michael Cohen, former attorney to Donald Trump, leaves the District Attorney’s office in New York, March 13, 2023. (AP Photo/Yuki Iwamura, File) Associated Press

Key Facts

In a series of posts Saturday, Trump called out several individuals, including his ex-attorney Michael Cohen—a witness in the upcoming trial—using his name and calling him a “disgraced attorney” while wondering why Cohen has not been “prosecuted for LYING,” and alleging “only TRUMP people get prosecuted by this Judge and these thugs.”

Trump is under a gag order that prevents him from making public statements about witnesses—as well as prosecutors, court staff and their family members— “if those statements are made with the intent to materially interfere with … counsel’s staff or work in this criminal case.”

It’s the second time in recent days Trump has seemed to at least approach the limits of the gag order, calling Cohen and adult film star Stormy Daniels, another likely key witness, “sleaze bags” on Truth Social on Thursday.

Cohen on Saturday responded to the post on X, formerly known as Twitter, writing “when does enough become enough and the petulant man child gets a timeout in lockup for his bad behavior?” —a comment that comes after Cohen had argued Trump should be sanctioned for the “sleaze bag” comment.

Trump also lashed out at the judge overseeing the case, Juan Merchan, who he described—without evidence—as “totally conflicted and corrupt,” while claiming “Soros backed Alvin Bragg,” the Manhattan District Attorney, only brought the case “for purposes of saving” President Joe Biden’s election chances—the gag order does not cover Bragg or Merchan.

Key Background

Trump’s gag order came after he made a series of unfounded accusations and attacks against Merchan, Bragg, Cohen and Merchan’s family on Truth Social. The social media and campaign attacks have become a regular occurrence across Trump’s multiple criminal and civil cases, which he has repeatedly dismissed as political witch hunts aimed at helping Biden’s reelection. Cohen is a key witness in the hush money case—Trump stands accused of falsifying business records to cover up a $130,000 payment to Cohen, reimbursing him for a payment made to Daniels in exchange for her silence about an alleged affair she had with Trump. Cohen was prosecuted for making false statements and other charges related to tax evasion and campaign finance violations related to the hush money case—a case that led to three years in prison.

Chief Critics

Trump and his legal team have called the gag order “unconstitutional” and an unfair infringement on Trump’s First Amendment rights. His team has appealed the gag order, claiming it is causing “ongoing, irreparable harm” to Trump “and the voting public.” Trump has pleaded not guilty in the case, and his legal team has argued his reimbursement checks to Cohen were legal.

What To Watch For

The hush money case is set to begin Monday with jury selection. It remains to be seen whether Merchan will impose any sanctions on Trump related to the gag order —Merchan had previously said Trump could be punished for criminal contempt if he violated the order.