The so-called gag order, a type of confidentiality obligation, is currently being discussed in the criminal trial against Donald Trump. Observers say the Republican violated it dozens of times – and did so out of calculation.
Before and after each day of negotiations in the hush money trial, Donald Trump appears in front of the waiting cameras of the US broadcasters. His mission: self-defense. “Before we begin, I want to say that these are all Biden lawsuits. This is being done as election interference. Everyone knows that I’m here instead of campaigning in Pennsylvania and Georgia and a lot of other places. That’s very unfair . This is a witch hunt.”
Trump is a defendant in attack mode, says law professor and criminologist William Black from Kansas City. And he has a simple explanation for this: the former New York lawyer and public prosecutor Rod Cohn, who worked for Donald Trump and his family for a long time. “Cohn taught him to never apologize and never admit defeat.”
In the hush money trial he received a so-called gag order – he is not allowed to talk about anything or anyone from this case. However, it is already being examined whether he has violated it in dozens of cases. In simple, short sentences he has been portraying himself as a victim for days – as on Real America’s Voice: “The jury was chosen so quickly. 95 percent are Democrats. It’s a very unfair situation, I can tell you that.”
Controversial gag order
On the Truth Social platform, he calls his former confidant Michael Cohen, who is the prosecution’s main witness, a “disgraced lawyer and felon.” Trump was the only one to receive a gag order, which lawyers from both political camps find difficult.
The more conservative former New York prosecutor Annemarie McAvoy says: “Since it only applies to Trump, there could be problems afterwards, for example with a possible appeal. It’s a difficult situation because Stormy Daniels is outside talking to the press. Michael Cohen has even a podcast where he talks about Trump and the trial and all that.”
Her more liberal colleague Ron Kuby from Manhattan also questions this ruling: “Since Cohen can speak freely about Trump, Trump should also be able to speak about Cohen.”
Conscious escalation?
Both say the judge is probably trying to keep Trump under control and protect the jury and witnesses. His decision on the violations is still pending. He could warn Trump, fine him or even send him to prison for a short time.
Annemarie McAvoy does not rule out that Trump is consciously trying to bring the conflict to a head. “And if he has to go to prison, he could play the martyr. He could claim that Biden is putting his political opponent in prison. If that happens, it would be a spectacular election campaign issue.”
Trump’s radius of action limited
In the US election in November, Trump wants to run for the Republicans against Biden. Since he has to be personally present on every day of the hearing in New York over the next five weeks, his radius is severely limited. His team is already focusing on popular, short-term performances. In a bodega in Harlem or, like last Thursday, at a construction site in Midtown.
The American channels – especially CNN and Fox – broadcast almost monothematically for days. What happens in the courtroom is reported in minute detail: Trump says it is too cold; Trump whispers to his lawyer; Trump listens and nods.
Is Trump testifying or not?
Many Americans still tune in to the former president. He had also announced that he would testify. “But I very much doubt that Trump will testify,” said McAvoy. “He said he would testify – before the judge decided he would allow all sorts of questions beyond the actual Stormy Daniels question.”
Lawyer Kuby also sees it this way: “He always denied everything, the affairs and so on. I think he would lose credibility, not with the jury, but with his supporters.”
The judge will announce at short notice when which witness will be heard. Also – at least according to some lawyers – to protect them from Donald Trump’s attacks.