Presiding over the criminal hush money trial against former President Donald Trump, New York State Justice Juan Merchan faces the decision of whether to impose a monitor on Trump’s social media posts in light of his gag order. Legal analyst and former federal prosecutor Andrew Weissmann advocates for a monitor to prevent Trump from violating the order and potentially facing contempt charges. However, state attorney Dave Aronberg and legal analyst Barbara McQuade express concerns about the practicality and effectiveness of such a measure, emphasizing that Trump should comply with the order and face consequences for any violations.
During the trial’s second week, prosecutors presented 10 posts from Truth Social and Trump’s campaign website, arguing that they violated the gag order. They request a maximum fine of $1,000 for each post and their removal. The defense contends that there was no willful violation.
Weissmann highlights the potential consequences of Trump’s actions, stating, ‘If Judge Merchan doesn’t want to put Trump in jail now for contempt, he should impose a monitor now to screen his social media so they don’t violate the gag order.’ Aronberg counters, ‘I don’t think a court-appointed monitor is necessary. Aside from First Amendment concerns, it would be difficult, if not impossible, to set up an efficient screening system for every Trump statement.’ McQuade adds, ‘Gag orders are not unusual in high profile cases. The gag order here is clear, and Trump should comply. If he fails to do so, he should be subjected to sanctions, just like anyone else.’
Merchan has yet to issue a ruling on the matter. The outcome will be closely watched as it sets a precedent for the balance between free speech and the enforcement of court orders in high-profile cases.
