Michael D. Cohen, Donald J. Trump’s ex-fixer, described Mr. Trump confirming a plan to reimburse him for buying the silence of a porn star, Stormy Daniels. He also recounted what happened after her account of a sexual encounter got out anyway.
The point of the gag order was to stop Trump from intimidating key witnesses (Daniels, Cohen, and Pecker). Whether or not it achieved its goal, it’s much harder to justify after the witnesses have already testified.
Let’s say Trump decided to attack Stormy Daniels now that she’s done testifying, and she starts getting inundated with threats (or worse, something happens to her). What is the next witness going to think? Why would the next witness testify if they know they’re going to be the subject of one of Trump’s dog whistles right after they’re done?
The gag order needs to stay in place and in full effect until the end of the trial.
That is correct. Once the witnesses have testified, there’s no reason to enforce it without inferring bias. The gag order is still very much enforceable in protection of jurors and court staff until the trial is complete.
The point of the gag order was to stop Trump from intimidating key witnesses (Daniels, Cohen, and Pecker). Whether or not it achieved its goal, it’s much harder to justify after the witnesses have already testified.
Not really.
Let’s say Trump decided to attack Stormy Daniels now that she’s done testifying, and she starts getting inundated with threats (or worse, something happens to her). What is the next witness going to think? Why would the next witness testify if they know they’re going to be the subject of one of Trump’s dog whistles right after they’re done?
The gag order needs to stay in place and in full effect until the end of the trial.
The only testimony remaining would be from the defense. Cohen’s testimony concluded the prosecution’s case.
The gag order is still in effect. It’s just not justifiably enforceable in protection of witnesses that have completed their testimony.
IAAL, however, I don’t practice in the USA.
Although infrequent, witnesses for the prosecution can be called back if the presiding judge allows reopening of the prosecution’s case.
See in the USA: https://katzjustice.com/when-may-a-prosecutor-reopen-the-case-in-chief/
That’s why I tend to agree with [email protected]. The order should continue to be enforced until the end of the trial.
That’s true. I still think it’s motivated by Merchan’s desire to avoid providing any grounds for appeal. It turns out the request was overturned.
https://www.cnn.com/2024/05/14/politics/gag-order-appeal-trump-hush-money-denied/index.html
That is correct. Once the witnesses have testified, there’s no reason to enforce it without inferring bias. The gag order is still very much enforceable in protection of jurors and court staff until the trial is complete.