![]() posit, lexical bundles are the most frequent, recurrent, multiword sequences in a register, which are defined “strictly on the basis of frequency” (p. Moreover, the comments at issue concern the trial and are not in regard to Trump’s presidential campaign – at all.As Biber et al. As a matter of law, that warrants these narrow restrictions. As the Court found in issuing the gag order, Trump’s history of attacking his perceived foes presents a serious threat to the safety of witnesses and jurors (among others) and thus to the integrity of the trial. But the problem for him, is that right is not absolute in a criminal proceeding. ![]() Indeed, that’s partially why the gag order’s restrictions are so narrowly tailored. Trump’s right to political speech is of course protected by the First Amendment. Cohen is saying in connection with the campaign” and that, because the gag order does not preclude Trump “from responding to political attacks,” they pose no violation of the order. His lawyer Emil Bove has already articulated that argument in court, claiming that Trump’s posts targeting Cohen “are political in nature and intended to defend against what Mr. That is something that Trump as a leading presidential candidate will undoubtedly claim he is well within his First Amendment right to do. He’ll almost certainly try to argue that his posts aren’t threatening they’re just defending himself against attacks that impact his campaign. Trump will likely raise a slew of defenses but there’s one that we can expect him to advance the most aggressively – one that highlights the unique nature of this case. The prosecution is asking that Merchan hold Trump in contempt for those statements plus eight others, and wants the judge to order sanctions including a $1,000 fine per statement – and a warning that Trump risks up to 30 days in jail for any future violations. ![]() Related article Hearing over gag order comes amid Donald Trump-Michael Cohen feud In the post, Trump called them “two sleaze bags who have, with their lies and misrepresentations, cost our Country dearly!” The prosecution also cites another Truth Social post, just three days later, in which Trump targeted his former fixer, writing, “Has disgraced attorney and felon Michael Cohen been prosecuted for LYING? Only TRUMP people get prosecuted by this Judge and these thugs! A dark day for our Country.”ĭonald Trump and Michael Cohen Getty Images (This essay adapts arguments developed in that comprehensive analysis.) To begin with, the gag order prohibits Trump from making or directing others to make public statements about witnesses, the prosecution’s legal team and staff (other than District Attorney Alvin Bragg), jurors, court staff or the families of court or prosecutorial staff.Īmong those statements cited by the prosecution is Trump’s April 10 Truth Social post referencing Stormy Daniels, to whom he allegedly arranged the payment of hush money, and former Trump attorney Michael Cohen, who facilitated those payments. A possible 11th incident happened after court Monday and may be referenced, if not formally sanctioned.īased on my legal analysis of the relevant New York law and the 10 statements at issue, I think Merchan will very likely sanction at least some of the misconduct. Seven of the 10 came after Trump was put on notice of the gag order hearing and were rolled into it. After court comes into session at 9:30 a.m., Justice Juan Merchan will weigh the prosecution’s request that he find Trump in contempt of court and sanction him for 10 alleged violations of the gag order for verbally attacking witnesses and even jurors. Tuesday morning, however, will be something I have never seen before in my three decades of criminal law practice.
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