The possibility of prison time for Donald Trump is unprecedented for a US presidential contender.
New York On Tuesday, Donald Trump called Judge Juan Merchan, who will preside over his criminal trial in New York starting April 15, “corrupt.” His lawyers plan to urge his recusal.
“I just learned that another corrupt New York judge, Juan Merchan, GAGGED me from talking about corruption and conflicts [of interest] in the courtroom,” says the 2024 Republican presidential contender on Truth Social.
The judge expanded the ban on Donald Trump publicly assaulting witnesses, jurors, and court workers to include his family and Manhattan prosecutor Alvin Bragg’s for the good administration of justice on Monday.
This new ban followed Trump’s comments on the magistrate’s daughter, a Democratic candidate strategist.
In a memo issued Tuesday, Donald Trump’s lawyers agree with their client that the judge has a conflict of interest and encourage him to consider recusal.
“Your Honor has an interest in this matter which justifies his recusal,” they wrote to Judge Merchan after obtaining a three-week trial postponement at the end of March. The Manhattan prosecutor requested the judge deny this.
In his Monday decision, the judge noted that “the defendant has the right, protected by the Constitution, to express himself freely to American voters and to defend himself publicly” but that “the fact of attacking the family members” of judicial personnel “assigned to his cases serves no legitimate purpose” and poses “sufficient risk to the administration of justice.”
Juan Merchan added, “This only inspires fear among those participating in the proceedings that not only they, but also their family members, are exposed to vitriolic attacks from the defendant.”
The judge and prosecutor Bragg appear unconcerned by Trump’s speech restrictions. A jury of citizens will decide Donald Trump’s guilt or innocence on April 15, shaking up his presidential campaign.
The former US president will testify about hidden payments to avoid embarrassing revelations during the 2016 presidential race, including $130,000 to hush a former porn star who disputes a relationship.
The possibility of prison time for Donald Trump is unprecedented for a US presidential contender.
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Death threats and gag orders are pending.
Judge Juan Merchan’s gag order last week barred former president Donald Trump from assaulting possible witnesses and others in his New York hush-money trial, leaving a loophole that Trump exploited.
The former president instantly falsely accused Merchan’s daughter of publishing Trump-jailing content on social media.
Merchan’s original gag order excluded the prosecutor, judge, and potential trial witnesses, jurors, district attorney Alvin Bragg’s office, and Merchan’s staff, but not their families.
On Monday, Merchan expanded the gag order to cover their families, saying that Trump’s comments on his daughter were part of a practice of harassing judges and attorneys’ families that “serves no legitimate purpose.” It simply instills dread in individuals sent to the proceedings that they and their families are ‘fair game’ for Defendant’s vitriol.”
That trend has repeated, and if history is any indication, his fans will go further. Trump’s assaults on his defendants lead to death threats.
Trump calls Bragg a “animal” and “degenerate psychopath” and Merchan “HATES ME”; both have received death threats since the investigation began.
They’re not alone. A bomb threat at Judge Arthur Engoron’s house delayed the final day of Trump’s New York state business fraud prosecution for hours in January. In late February, fire and police responded to an envelope with white powder addressed to Engoron at the courthouse.
Trump and his crew slammed Engoron, his family, and his clerk throughout the trial, including releasing screenshots of anti-Trump postings Trump erroneously claimed were written by Engoron’s wife on social media. Trump violated Engoron’s October gag order by insulting his workers, receiving a $5,000 fine.
Trump has done this for years. He called Judge Gonzalo Curiel, who presided over Trump University’s class-action trial, a “total disgrace” in 2016 and claimed that his “Mexican heritage” biassed him against Trump.
Targeted individuals pay dearly. Security for special counsel Jack Smith, who is pursuing Trump in his DC election interference and Florida secret papers cases, cost the DOJ $14.6m from April to September last year.
These threats also surfaced in Trump’s Georgia lawsuit. In mid-February, Fulton county district attorney Fani Willis’s father testified that she had moved “something like four times” since the case began due to death threats and that he had avoided learning where she lived because “somebody stuck a gun to my head… I didn’t want to know”.
In February, former Georgia governor Roy Barnes, a Democrat, said that Willis had asked him to lead Trump’s prosecution, but he declined because “I wasn’t going to live with bodyguards for the rest of my life.”
All the vital court drama is easy to get lost in. As Trump prepares for his first criminal trial on April 15, it’s essential recalling the real-life cost of hearing and prosecuting these matters.
Trial witnesses, jurors, and judges are chillingly affected by those threats. Merchan stated in his updated gag order: “It is no longer just a possibility or reasonable likelihood that judicial proceedings are threatened. The danger is real.”
According to Guardian US writer Hugo Lowell, Trump-appointed Judge Aileen Cannon’s delay in setting deadlines for Trump’s classified papers criminal prosecution makes it increasingly unlikely that the trial would take place in July as prosecutors had recommended. It fits Trump’s delay plan of scheduling this trial for August to prevent his DC election influence criminal prosecution from taking place before the 2024 election.
Cannon’s procrastination has made a July trial impossible, so Trump hasn’t had to strain to arrange such a conclusion, Lowell writes. Trump was indicted last year for breaching the Espionage Act by storing sensitive materials at Mar-a-Lago. His case is now being tried under the complex and sequential sensitive Information Procedures Act (Cipa) guidelines. Even if Cannon issued fresh Cipa deadlines now, prosecutors’ plan might be multiple weeks behind schedule, making it more likely that Cannon will have to embrace Trump’s proposed schedule and August trial date.
More than a month has elapsed since Cannon heard the two parties’ arguments on trial scheduling, but she hasn’t decided.
On Tuesday, Trump’s attorney asked Judge Merchan to allow them to file a motion for Merchan to recuse himself from overseeing his New York hush money trial because Merchan’s gag order restricts Trump’s “ability to engage in protected campaign speech” and Merchan’s daughter runs a progressive media consulting firm, creating a conflict of interest. Merchan has rejected Trump’s attorneys’ efforts before and will likely do so again.
Trump posted a $175m bond in his New York civil fraud case on Monday to challenge the $454m verdict for misrepresenting his business assets to get better credit conditions. Following an appeals court ruling last week, he was able to post the bond, despite his lawyers’ claims that he couldn’t afford $454m. That verdict allowed Trump to retain his commercial empire intact for now and prevented New York from seizing his real estate. That same three-judge appeals court panel will rule if Trump’s original loss stands.
On Friday, Trump and eight co-defendants appealed Judge Scott McAfee’s decision to let Fulton County District Attorney Fani Willis continue prosecuting them in Georgia. Willis’s office will respond soon, and the Georgia appeal court has 45 days to overturn his ruling.
After records revealed Truth Social lost $58m in 2023 and had $4m in revenue, Trump’s stock sank by $1b to $3.83b as the company’s price fell by more than 20%.
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