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APTOPIX Trump Hush Money
Former President Donald Trump leaves Manhattan criminal court, Thursday, Feb. 15, 2024, in New York. A New York judge says Trump's hush-money trial will go ahead as scheduled with jury selection starting on March 25. (AP Photo/Mary Altaffer)

Donald Trump's lawyers fight DA's request for a gag order in his hush-money criminal case

Donald Trump’s lawyers are warning that a gag order sought by New York prosecutors ahead of his March 25 hush-money criminal trial would amount to unconstitutional and unlawful prior restraint on the former president’s free speech rights

By MICHAEL R. SISAK
Published - Mar 04, 2024, 08:14 PM ET
Last Updated - Mar 04, 2024, 08:14 PM EST

NEW YORK (AP) — Donald Trump's lawyers warned Monday that a gag order sought by New York prosecutors ahead of his March 25 hush-money criminal trial would amount to unconstitutional and unlawful prior restraint on the former president's free speech rights.

Trump's lawyers urged Judge Juan Manuel Merchan to reject the request, which prosecutors said was prompted by his “long history of making public and inflammatory remarks” about people in his legal cases, as well as a spike in threats tied to his rhetoric.

The Manhattan district attorney’s office asked last week for what it described as a “narrowly tailored” order to bar Trump from making or directing others to make public statements about potential witnesses and jurors, as well as statements meant to interfere with or harass the court’s staff, prosecution team or their families.

Trump's lawyers, responding in court papers Monday, said such an order would hinder his ability to “respond to public attacks relating to this case" while foes including his former lawyer Michael Cohen are free to criticize him in TV appearances and on social media.

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