Donald Trump indicted: Former president could get ‘narrowly tailored’ gag order

Donald Trump
FILE – Former President Donald Trump speaks at a campaign rally at Waco Regional Airport, Saturday, March 25, 2023, in Waco, Texas. Trump’s norm-busting style carried him from reality TV to the White House, and he remade the party in his image along the way. But that style has befuddled those who try to run against him, especially now as they seek to win over some of his supporters rather than draw their ire. (AP Photo/Evan Vucci, File) Evan Vucci/AP

Donald Trump indicted: Former president could get ‘narrowly tailored’ gag order

Video Embed

Former President Donald Trump is slated to be arraigned Tuesday afternoon after he was indicted by a Manhattan grand jury, prompting speculation as to whether a judge could impose a gag order that carries fines and even prison time.

A gag order is a decision by a judge in a criminal or civil case that blocks a party, including lawyers and witnesses, from discussing anything about the case. While Trump’s indictment remains sealed until Tuesday afternoon, the charges pertain to Manhattan District Attorney Alvin Bragg’s investigation into hush money payments Trump made in 2016 to allegedly hide an affair with porn star Stormy Daniels.


Violations of gag orders in New York carry a punishment of up to a $1,000 fine and up to 30 days in prison. However, it’s unclear at this point whether such an order will be given and what constraints would be put on the former president.

“I do think it is possible that the judge issues a narrowly tailored gag order, given the former president’s propensity to speak out on social media and other platforms,” former Manhattan federal prosecutor Sarah Krissoff of Day Pitney LLP told the Washington Examiner.

“Trump’s camp will most certainly fight such an order, so I anticipate that we may see litigation about this as one of the first orders of business,” Krissoff added.

Were a gag order to be placed on Trump shortly after his Tuesday arraignment at the New York City Criminal Courthouse at 2:15 p.m., it could complicate Trump’s already-slated plans to address the nation from his Mar-a-Lago home later that evening. Trump is expected to enter a plea of not guilty.

The former president’s campaign announced Sunday that he will be speaking at his resort in Palm Beach on Tuesday evening at around 8:15 p.m., just hours after he will make an appearance in Manhattan court.

Trump will likely discuss the indictment after it is expected to become unsealed following his appearance in the Empire State. It’s not immediately clear how a gag order would affect his planned address should one be made on Tuesday.

While in New York, the former president is expected to go through the typical criminal process where he will be fingerprinted and have a mug shot taken.


Meanwhile, Republican supporters of Trump, including Rep. Marjorie Taylor Greene (R-GA), are planning a “peaceful protest of Alvin Bragg’s heinous attack” at a park directly across from the courthouse Tuesday afternoon.

Trump became the first former president to be criminally indicted on Thursday, which comes as he is running for the GOP nomination for president in the 2024 election.

© 2023 Washington Examiner

Related articles

Share article

Latest articles