Gag Order Decision Highlights ‘Unfair Treatment’ of Trump, Legal Analyst Says

New York Judge Juan Merchan faced criticism even after his decision to partially lift the silence imposed on former President Trump. Fox News legal analyst Gregg Jarrett argued Wednesday on “FOX & Friends” that the order should have been lifted at the end of the trial, adding that silencing a presidential candidate violates the liberty rights of expression of Trump and the American public.

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GREGG JARRETT: This is another twisted and senseless decision by Judge Merchan. This gag order was already an unconstitutional prior restriction on speech. It should have been lifted weeks ago. At the end of the trial, the jurors are dismissed. The fact that this is not the case highlights, I think, the unfair treatment of Donald Trump. Nothing magically changed yesterday to lift any part of the gag.

Potential voters appear unwilling to budge, even in the face of former President Trump’s 34 felony convictions. (Felipe Ramales for Fox News Digital)

And just as disconcerting, I think, is the fact that the New York appeals court seemed completely unconcerned, declaring that there was no substantial constitutional question. Are you kidding me? Apart from that pesky little document called the First Amendment. Silencing a presidential candidate violates not only his right to free speech, but also the rights of the listeners, the American public. They have a protected right to hear political speech.

Judge Juan M. Merchan poses in his chambers in New York on March 14. (AP Photo/Seth Wenig, file)

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On Tuesday, Merchan partially lifted the gagging order he imposed against Trump – weeks after the jury found him guilty on all counts.

Trump and his legal team have been fighting the silence order since it was imposed at the start of the trial, but stepped up their efforts as the trial ended last month. The presumptive Republican nominee’s legal team argued the gag order should be lifted before Thursday’s hearing. presidential debate.

Merchan’s silence order prohibited Trump from making or directing others to make public statements about witnesses regarding their potential involvement or lawyers in the case – other than the Manhattan District Attorney, Alvin Bragg – or on court staff, prosecutor’s staff or family members of staff.

Trump can now talk about protected witnesses and jurors.

Trump is still barred from commenting on individual prosecutors, court staff and their family members. This part of the silence will remain in effect until Trump’s sentencing on July 11.

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Brooke Singman and Maria Paronich of Fox News contributed to this report.