One of Donald Trump’s attorneys tried to get the judge in his hush-money trial to greenlight every one of his online posts ahead of time to ensure they wouldn’t violate his gag order. Unsurprisingly, she was immediately rebuffed.
After the Manhattan district court’s lunch break Thursday, Susan Necheles presented a stack of news article printouts to Judge Juan Merchan, asking that the former president be allowed to post the articles to his Truth Social account.
“We think that they are perfectly fine,” Trump’s lawyer told Merchan. One of the prosecutors seemed puzzled, telling the judge, “It seems odd that they’re asking the court for an advanced ruling” on what would violate the order. Merchan seemed to echo that point of view.
“I’m not going to give advanced rulings,” Merchan said to Necheles, adding that “there is no ambiguity” in the gag order. “I think the best advice you can give your client is, ‘When in doubt, steer clear.’”
Necheles’s longshot attempt was likely a response to Merchan’s chastisement of Trump lawyer Todd Blanche last week, who tried to claim that Trump’s online posts of news articles didn’t violate the gag order because he technically wasn’t the one who said it. Blanche was unable to provide case law to back up his claim, leading Merchan to warn, “Mr. Blanche, you are losing all credibility with the court.”
Trump is said to be angry with Blanche behind the scenes, perhaps in part for that reason. Trump is also reportedly claiming that the white collar defense lawyer and former prosecutor does not follow his instructions and isn’t aggressive enough. That may be why it was Necheles who took the unusual step of trying to get advance approval from the judge to avoid yet another gag order violation. Trump already has to pay a $1,000 fine for every infraction, and could face jail time if he is undeterred.
Trump is facing 34 felony charges for allegedly paying off adult film actress Stormy Daniels before the 2016 election to try and cover up an affair with her, and the trial is not going well for him. The case’s latest witness, Daniels’s former lawyer Keith Davidson, is revealing damaging information in his testimony each day, even as stronger witnesses, such as Daniels herself and Trump’s former fixer Michael Cohen, have yet to testify.
