From the New York Times: Judge Juan Merchan asked that Donald Trump refrain from making comments that were “likely to incite violence or civil unrest.”
Apr 07, 2023 at 7:57 amAs a former president and the de facto leader of the Republican Party, Donald Trump is one of the most powerful people in America.
“A judge in this situation would have to discipline themselves constantly and try to act and respond to the situation as they would to any defendant facing these charges,” said Barry M. Kamins, a former administrative judge of New York City’s criminal courts. “I know it sounds like a herculean task to do that, but I think a judge has to be able to do exactly what he would do in any other case.”
Although judges often act on their own accord, they sometimes exercise their powers over a defendant after prosecutors ask them to do so. On Tuesday, one of the prosecutors, Catherine McCaw, said that her team was in talks with Trump’s lawyers over a draft protective order that would limit how the former president uses evidence and other case material shared with his lawyers.
One of those, raised in advance of Tuesday’s hearing by some of Trump’s associates, could be a gag order, a catchall term for an order limiting what a defendant — or often a defendant’s lawyer — can say to the public. Judges are usually hesitant to impose such orders and do so only to prohibit specific types of speech.
Merchan has been under the protection of armed court officers at least since the grand jury voted to indict Trump on March 30, according to a person familiar with the arrangements.
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