What a judge's gag order on Trump means in his hush money case

NEW YORK (AP) — Virtually every day of his hush money criminal trial, former President Donald Trump talks about how he can’t talk about the case.

A gag order bars Trump from commenting publicly on witnesses, jurors and some others connected to the matter. The New York judge already has found that Trump, the presumptive Republican nominee for president, repeatedly violated the order, fined him $9,000 and warning that jail could follow if he doesn't comply.

But the order doesn't stop Trump from talking about the allegations against him or commenting on the judge or the elected top prosecutor. And despite a recent Trump remark, it doesn't stop him from testifying in court if he chooses.

As he fights the felony charges against him while running for president, Trump has at times stirred confusion about what he can and can't do in the case. He has pleaded not guilty.

So what does the order do, what doesn't it and where did it come from?

Generally speaking, a gag order is a judge's directive prohibiting someone or people involved in a court case from publicly commenting about some or all aspects of it. In Trump’s case, it’s titled an “Order Restricting Extrajudicial Statements,” with “extrajudicial” meaning outside of court.

Gag orders, particularly in high-profile cases, are intended to prevent information presented outside a courtroom from affecting what happens inside.

Trump also is subject to a gag order in his federal criminal election interference case in Washington. That order limits what he can say about witnesses, lawyers in the case and court staff, though an appeals court freed him to speak about special counsel Jack Smith, who brought the case.

In his recent New York civil fraud trial, Trump was fined a total of $15,000 for comments he made about that judge’s law clerk after a gag order barred participants in the trial from “posting, emailing or speaking publicly” about the court's staff.

The U.S. Supreme Court has acknowledged that gag orders can pit fair trial rights against free speech rights. The court has struck down some orders that barred the press from reporting on certain cases or court proceedings and rejected as too vague a Nevada court rule that limited what all lawyers could say out of court.

Yes. Before the trial, he asked a state appeals court to postpone the trial while he appeals the gag order, but the court refused. His appeal of the order itself is ongoing.

Initially imposed March 26, the gag order bars Trump from making or directing others to make public statements about any juror and about any “reasonably foreseeable" witness' participation in the investigation or the trial.

It also bars any statements about lawyers in the case, court staffers, prosecution aides and relatives of all of the above, to the extent that the statements are intended to “materially interfere with, or to cause others to materially interfere with” their work on the case “or with the knowledge that such interference is likely to result.”

The order doesn’t apply to Judge Juan M. Merchan or to Manhattan District Attorney Alvin Bragg, whose office is bringing the case. It does apply to comments about their family members, however. Merchan added that provision on April 1 after Trump lashed out on social media at the judge’s daughter, a Democratic political consultant, and made a claim about her that was later repudiated by court officials.

Trump is also allowed to talk about his political opponents, as Merchan made clear on Thursday.

The order also doesn't bar witnesses from commenting on Trump. Michael Cohen, Trump's ex-lawyer and an expected witness, has routinely attacked his former boss, leading Trump to complain about not being able to respond in kind.

Yes. The U.S. Supreme Court has held that criminal defendants have a constitutional right to take the stand in their own defense — or not to.

There was some confusion after Trump said Thursday that because of the gag order, he was “not allowed to testify.” In context, it appeared he was actually referring to his ability to respond to a reporter's court-hallway question about a witness' testimony that afternoon.

Trump clarified to reporters Friday that he understood the order wasn't a bar on testifying. Merchan emphasized the same in court.

“I want to stress, Mr. Trump, you have an absolute right to testify at trial, if that’s what you decide to do after consultation with your attorneys,” Merchan said.

Merchan found that Trump violated the gag order with social media posts that laid into Cohen. Among the offending posts: one that asked whether “disgraced attorney and felon Michael Cohen been prosecuted for LYING," a repost of a New York Post article that described Cohen as a “serial perjurer,” and a Trump post referring to Fox News host Jesse Watters’ claim that liberal activists were lying to infiltrate the jury.

Merchan noted that Trump's comment on the Watters segment misstated what the host had actually said, making the comment “the words of Defendant himself.”

On the other hand, Merchan declined to sanction Trump for an April 10 post that referred to Cohen and Stormy Daniels, the porn performer who got a $130,000 hush money payment that's at the heart of the case, as “sleaze bags.”

Trump contended that he was responding to previous comments by Cohen, and the judge said the back-and-forth gave him pause as to whether that post met the bar for a violation.

When Merchan fined Trump $1,000 apiece for nine violations — the maximum fine allowed by law — he wrote that “jail may be a necessary punishment” for some wealthy defendants who won't be deterred by such a sum.

Merchan added that he “will not tolerate continued willful violations” of the gag order and that, if “necessary and appropriate,” he “will impose an incarceratory punishment,” meaning jail.

It's unclear what would rise to the level of “necessary and appropriate."

Defense lawyer Todd Blanche indicated in court Friday that he plans to appeal the judge’s finding this past week that Trump violated the gag order.

Prosecutors have asked Merchan to hold Trump in contempt again and fine him $1,000 for each of four alleged violations from April 22-25. But the prosecution isn't asking for the former president to be locked up over those comments because they happened before Merchan's jail warning and because “we’d prefer to minimize disruption to this proceeding," prosecutor Christopher Conroy said.

Former President Donald Trump speaks to media as he returns to his trial at the Manhattan Criminal Court, Friday, May 3, 2024, in New York. (Charly Triballeau/Pool Photo via AP)

Former President Donald Trump speaks to media as he returns to his trial at the Manhattan Criminal Court, Friday, May 3, 2024, in New York. (Curtis Means/Pool Photo via AP)

Former President Donald Trump returns to the courtroom following a break in his trial at Manhattan criminal court in New York, on Friday, May 3, 2024. (Charly Triballeau/Pool Photo via AP)

FILE - Former President Donald Trump speaks outside the courtroom in New York, April 30, 2024. A gag order bars him from making public comments on witnesses, jurors and some others connected to the case. The judge found that Trump repeatedly violated the order and he fined Trump $9,000 and warned that jail could follow if Trump keeps it up. The order doesn't stop Trump from talking about the allegations against him or commenting on the judge or the elected top prosecutor. And it doesn't stop him from testifying in court if he chooses. (Justin Lane/Pool Photo via AP, File)

TBILISI, Georgia (AP) — Georgia’s president on Saturday vetoed the so-called “Russian law” targeting media that has sparked weeks of mass protests.

The legislation would require media and non-governmental organizations to register as “pursuing the interests of a foreign power” if they receive more than 20% of their funding from abroad. Critics of the bill say it closely resembles legislation used by the Kremlin to silence opponents, and that it will obstruct Georgia’s bid to join the EU.

President Salome Zourabichvili, who is increasingly at odds with Georgia’s ruling party, said on Saturday that the legislation contradicts Georgia’s Constitution and “all European standards,” and added that it “must be abolished.”

The ruling party, Georgian Dream, has a majority sufficient to override Zourabichvili’s veto, and is widely expected to do so in the coming days.

The Georgian government insists that the proposed law is intended to promote transparency and curb what it deems harmful foreign influence in the country of 3.7 million. Many Georgian journalists and campaigners fiercely dispute this characterization, saying they are already subject to audit and monitoring requirements. They say that the bill's true goal is to stigmatize them and restrict debate ahead of parliamentary elections scheduled for October.

The EU offered Georgia candidate status last December, while making it clear that Tbilisi needs to implement key policy recommendations for its membership bid to progress. The recommendations concern, among other areas, elections that must be remain free and fair, fighting disinformation “against the EU and its values," and safeguarding the independence of public institutions such as the central bank and anti-corruption bodies.

The opposition United National Movement and many protesters accuse Georgian Dream of trying to scupper the EU integration process, and to instead drag Georgia into Russia’s sphere of influence — allegations the ruling party vehemently rejects. Georgian Dream was founded by Bidzina Ivanishvili, a former prime minister and billionaire who made his fortune in Russia.

The bill is nearly identical to one that the party was pressured to withdraw last year after street protests. Renewed demonstrations have rocked Georgia for weeks, with demonstrators scuffling with police, who used tear gas and water cannons to disperse them. An opposition lawmaker earlier this month spoke in Parliament with a bandaged face, visible bruises and cuts. His allies said he had been assaulted by police during the protests.

EU officials and Western leaders have repeatedly expressed concerns over the law, as well as Tbilisi's heavy-handed response to dissent. The EU's top diplomat, Josep Borrell, issued a statement Wednesday in support of the Georgian protesters, and to condemn what he described as a wave of violence against opposition politicians, activists, journalists and their families.

European Council President Charles Michel said Tuesday that if Georgians “want to join the EU, they have to respect the fundamental principles of the rule of law and the democratic principles.”

Zourabichvili told The Associated Press in an interview Thursday that it was hard to say whether the bill was Georgian Dream’s initiative or if Moscow had played any role in its passage, but she emphasized that the Kremlin is unhappy with Georgia’s pro-Western aspirations.

“It’s clear that Moscow is not seeing with lots of appreciation this accelerated pace of Georgia towards the European Union,” she said.

Russia-Georgia relations have been strained and turbulent since the 1991 collapse of the Soviet Union and Georgia’s departure from its role as a Soviet republic.

In 2008, Russia fought a brief war with Georgia, which had made a botched attempt to regain control over the breakaway province of South Ossetia. Moscow then recognized South Ossetia and another separatist province, Abkhazia, as independent states and strengthened its military presence there. Most of the world considers both regions to be parts of Georgia.

Tbilisi cut diplomatic ties with Moscow, and the regions’ status remains a key irritant even as Russia-Georgia relations have improved in recent years.

Georgian President Salome Zourabichvili gestures while speaking during an interview with The Associated Press, in Tbilisi, Georgia, Thursday, May 16, 2024. Zourabichvili said Thursday that a "foreign influence" bill passed by parliament that critics call a threat to free speech is "unacceptable." (AP Photo/Shakh Aivazov)