In a move sure to raise eyebrows in a case alleged to be rife with political bias, New York Judge Juan Merchan sided with Manhattan District Attorney Alvin Bragg and issued a “gag order” in the felony case against former President Donald Trump.
NBC reported the decision on Monday evening, stating that “Judge Juan Merchan largely sided with Manhattan District Attorney Alvin Bragg by limiting what Trump can publicly disclose about new evidence from the prosecution before the case goes to trial.”
The order stipulates that “any materials and information provided by the People to the Defense in accordance with their discovery obligations … shall be used solely for the purposes of preparing a defense in this matter.”
The Conservative Brief noted that the order extends beyond Trump, noting that “anyone with access to the evidence being turned over to Trump’s team by state prosecutors” is hereby ordered not to ‘copy, disseminate or disclose’ the material to third parties, including social media platforms, ‘without prior approval from the court.'”
The order is a setback for Trump who has taken to social media to make his case in the court of public opinion, which largely believes the Manhattan District Attorney has not exercised his power fairly in this case.
Trump will likely argue the order is, on its face, prejudicial — noting the irony of the court restricting the posting of information on social media when most believe the court is responsible for leaking sealed documents to the press in advance of Bragg’s high-profile 34-count felony indictment.
During an appearance on Fox News, famed attorney Alan Dershowitz said that Bragg could face up to five years in prison if found guilty of leaking details of Trump’s indictment to the media. Dershowitz added that “leaking grand jury testimony to the public is a Class E felony in New York.”
Legal experts also note that restrictions imposed on Trump regarding his ability to review pertinent sensitive documents only in the presence of his lawyers and that he “shall not be permitted to copy, photograph, transcribe, or otherwise independently possess the Limited Dissemination Materials” is not usual or appropriate for a case involving the former President of the United States.
Further, the order prohibits Trump from reviewing “forensic images of witness cell phones.” Approved lawyers must request access to these records, and then only the section of documents or images deemed as “approved portions” by the judge will be made available.
Bragg has charged Trump with almost three dozen felonies for “falsified business records” but did not indicate specific wrongdoing in court filings. It is known, however, that the charges relate to reported hush money paid to adult film participant Stormy Daniels.
Trump has pleaded not guilty to all charges.
Dershowitz believes the New York court is acting inappropriately and that the Manhattan DA “could be disbarred for the way he has pursued a case against Trump.”
Dershowitz told Tim Sebastian of The Daily Wire that he does not support Trump politically but believes Bragg’s actions are “absurd and politically motivated.”
Dershowitz noted that Bragg’s case is very weak as it places great weight on the testimony of former Trump attorney Michael Cohen. “I don’t think an indictment can actually come forward now after the comments made by [Robert] Costello,” Dershowitz said.
Costello recently said that “[Cohen] has proved that the main witness is going to be a perjuring liar on the witness stand, and that puts the district attorney in a terrible position,” claimed the legal expert.
Dershowitz also noted he believed Trump would not get a “fair trial in Manhattan.” The court denied Trump’s initial petition for a change of venue.
A trial will likely begin in December.
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