Manhattan prosecutors are seeking a limited gag order on former President Donald Trump to prevent him from intimidating witnesses and jurors ahead of his March criminal trial on charges he falsified business records to conceal hush money payments before the 2016 election.
In a court filing Monday, lawyers for District Attorney Alvin Bragg said Mr. Trump’s “perhaps singular history” of using social media and rallies to rail against perceived adversaries makes the order necessary.
“Defendant has a long history of making public and inflammatory remarks about the participants in various judicial proceedings against him, including jurors, witnesses, lawyers and court staff,” they wrote.
Specifically, they want to bar Mr. Trump from making comments about foreseeable witnesses and their participation in the case; comments about court personnel and DA staff except for Mr. Bragg himself, plus their family members; and comments about any jurors or prospective jurors.
The request mimics a gag order imposed by a federal court in Washington in the case accusing Mr. Trump of conspiring against the U.S. and its voters with his efforts to overturn the 2020 election that he says was rigged.
“The relief requested here is narrowly tailored to protect the integrity of the upcoming trial while still affording defendant ample opportunity to engage in speech, including speech about this case,” Mr. Bragg’s team wrote.
Mr. Trump is likely to challenge the order if Judge Juan Merchan, who is overseeing the case, authorizes it.
For instance, Mr. Trump loves to lambast his attorney-turned-accuser, Michael Cohen.
Prosecutors allege Mr. Cohen played a central role in allegedly paying hush money to adult film star Stormy Daniels, who says she had a sexual encounter with Mr. Trump. The indictment alleges Mr. Trump used installment payments to Mr. Cohen to conceal the nature of the payment ahead of the 2016 election.
Mr. Trump denies he had sex with Ms. Daniels, whose real name is Stephanie Clifford.
The former president says attempts to impose gag orders on him undermine his First Amendment rights while he’s campaigning as the GOP front-runner for president.
Mr. Bragg insists the order is necessary. He pointed to a Trump social media post that depicted the ex-president wielding a baseball bat at the back of Mr. Bragg’s head, and another post in which Mr. Trump quoted an article saying he’d been indicted “because they want to provoke violence.”
The DA gave so many examples in his filing that, with exhibits, the request runs 331 pages.
“Defendant’s statements have resulted in credible threats of violence, harassment and intimidation directed at the district attorney, his staff and the district attorney’s office,” the DA’s attorneys wrote.
Mr. Trump’s trial in Manhattan is scheduled to start March 25. He faces 34 felony counts of falsifying business records related to alleged payments to Ms. Daniels, Playboy model Karen McDougal and a doorman who claimed Mr. Trump had a child out of wedlock.
Mr. Trump pleaded not guilty and says the allegations are part of a Democratic witch hunt to hurt his presidential campaign.
People convicted of falsifying business records rarely receive serious jail time, if any, though the case is one of four criminal trials looming against Mr. Trump.