Judge refuses to give 'advanced ruling' on whether planned social media posts by Trump would violate gag order

By 
 May 3, 2024

Earlier this week, former President Donald Trump was hit with nine counts of contempt of court by New York Judge Juan Merchan, along with a $9,000 fine, for purportedly violating the judge's gag order via social media posts, as well as a threat of potential jail time for any future violations.

With that in mind, Trump's defense attorneys on Thursday asked Merchan to pre-approve a series of news articles that Trump wanted to post on his Truth Social account, but the judge refused to do so and disqualified them from consideration, according to the Daily Beast.

It was an overt move by Trump's team to try to ensure that their client would not face additional trouble from the judge over his social media posts, but Merchan made it clear that he had no intent to extend such assurances to the former president he very clearly dislikes.

Defense attorney requests pre-approval for planned social media posts

The Daily Beast reported that after the lunch break recess concluded and the trial resumed, defense attorney Susan Necheles asked to approach the bench with a request for Judge Merchan to review "a stack of newspaper articles" that former President Trump wanted to post on his social media account, in light of the free speech limitations imposed by the gag order.

"These articles are all articles which President Trump would like to post on his Truth, but they discuss this case," Necheles said, according to NBC News.

"He has some concerns, because they do mention witnesses, prosecutors by name," she continued, per DB. "We think they are perfectly fine, but we think there is some ambiguity with the gag order."

Judge refuses to grant "an advanced ruling" on potential social media posts

CNN reported that one of the prosecuting attorneys, Chris Conroy, interjected into the discussion and asserted that his team would also need to review the news articles to ensure that they complied with the gag order that had been imposed at their request.

Conroy told the judge, "It seems odd they're asking the court for an advance ruling."

In response to Necheles' request, Judge Merchan replied, "I appreciate you bringing it to my attention, [but] I’m not going to be in the position of looking at posts and determining in advance whether you should or should not post [them]."

The Daily Beast reported that Necheles attempted to press the matter but Merchan remained resolute and fired back, "I'm not going to argue with you, Ms. Necheles. I'm not going to give you an advanced ruling on this."

CNN noted that Merchan said the appeals court had "found nothing wrong" with the gag order and that "there is no ambiguity" in the restrictions he imposed on the former president's speech, and, per NBC News added, "When in doubt, steer clear."

Trump continues to criticize the "unconstitutional gag order" that limits his free speech rights

The Associated Press reported that after the day's court proceedings had concluded, former President Trump approached the media outside the courtroom and said that he was "very happy about the way things are going," though he declined to comment on the testimony and cross-examination he'd just heard of Keith Davidson, a former attorney for porn actress Stormy Daniels.

Citing Judge Merchan's gag order, Trump made it a point to explain that he'd love to provide commentary on what Davidson had said but would be at risk of consequences because the judge "has me under an unconstitutional gag order" that he is currently appealing.

"Other people are allowed to do whatever they want to us, and I’m not allowed, as a presidential candidate," the former president lamented of the limitations on his First Amendment rights.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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