Jonathan Turley: The gag order makes no sense at all
Fox News contributor Jonathan Turley analyzes the latest developments in the N.Y. v. Trump trial ahead of Michael Cohen's testimony Monday.
A CNN panel featuring a prominent Trump critic and liberal journalist came to the agreement Saturday that all the witnesses in former President Trump’s hush money trial should be given a gag order, not just Trump.
Following Judge Juan Merchan’s refusal this week to dismiss a gag order he placed on former President Trump for the trial – barring him from speaking about any of the witnesses in his case, the jury, and the district attorney’s staff – anti-Trump podcast host Kara Swisher, and New York Times journalist Lulu Garcia-Navarro agreed that other trial witnesses should be gagged too.
"I think they should put the gag order on all of them," podcast host Kara Swisher declared during the discussion.
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A CNN panel recently agreed that the gag order placed on former President Trump during his trial in New York should apply to the other trial witnesses. (Win McNamee/Pool via REUTERS)
She added, "I have to say, I think they should put it on Cohen, he’s been all over the place."
"Yeah, that too," Garcia-Navarro chimed in.
Cohen, Trump's former attorney-turned-outspoken Trump critic who went to prison in 2018 after pleading guilty to campaign finance violations, tax evasion and lying to Congress about Trump’s past business dealings in Russia, is set to testify in the trial next week.
"Stormy Daniels, everyone," Swisher adding, including the adult film star who testified against the former president. Observers have described her testimony, which involved intimate details of her alleged sexual encounter with the former president, as "salacious."
"I agree with that," the Times reporter added, after which Swisher said, "That seems fair. Because social media is everywhere."
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Stormy Daniels testifies during Former U.S. President Donald Trump's criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S., May 9, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg)
Trump’s lawyers have made a similar argument to Judge Merchan, stating that the gag order was unilateral and that it only applies to Trump and not to other expected witnesses.
For example, Trump’s ex-lawyer Michael Cohen, expected to take the witness stand Monday, has made disparaging comments about Trump on social media, fundraising off the case and wearing a T-shirt depicting Trump behind bars, but the gag order prevents Trump or his team from responding publicly.
Though she agreed with Swisher’s point that all witnesses be given the gag order, Garcia-Navarro argued earlier in the panel discussion that she believes Trump is not getting unfair treatment from the judge.
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"But what the judge said is that, because Donald Trump has proven himself to be so over the top when he goes after people, so prejudicial, that it is, actually, important to keep the gag order on."
She continued, "This is based on Donald Trump’s actions and what he has previously said. This isn’t something that the judge is simply doing to be punitive of Donald Trump."
Fox News’ Brianna Herlihy contributed to this report.