Trump's Surrogates Push Boundaries in Courtroom, But Prosecutors Face Challenges in Enforcing Gag Order
ICARO Media Group
In the ongoing trial in a New York City court, former President Donald Trump's supporters, often referred to as his "surrogates," have attracted attention for their coordinated efforts to voice criticisms and attack witnesses, prosecutors, and court staff. However, legal experts suggest that enforcing the gag order on Trump may prove challenging since he is not the one making the remarks. Moreover, prosecuting him for any violations could potentially result in unintended consequences, such as sending him to jail.
Trump's gag order, which he has already been found in criminal contempt for violating multiple times, prohibits him from making personal attacks on various individuals related to the trial, including witnesses, prosecutors, jurors, court staff, and their families. State Judge Juan Merchan, who cited Trump for the violations, cautioned that further missteps could lead to his imprisonment, even though prosecutors have maintained that they are not seeking such action.
Unable to use his preferred attack lines, Trump has turned his ire towards the gag order itself, as well as Judge Merchan and Manhattan District Attorney Alvin Bragg, both of whom remain fair game for his criticism under the order. Notably, Trump's allies, like businessman Vivek Ramaswamy, have taken the opportunity to launch vigorous attacks on the prosecution's star witness, Michael Cohen, while also targeting Merchan's daughter, who is allegedly involved in fundraising activities related to the trial.
However, legal experts argue that only Trump can be held accountable for violating the gag order, as his allies are not bound by its restrictions. Ken White, a federal criminal defense attorney, explains that simply stating that they are acting on Trump's behalf is not enough to prove a violation. Trump's campaign maintains that the presence of his supporters in court is voluntary and not coordinated by the campaign.
Prosecutors, for their part, have largely refrained from engaging in public confrontations with Trump's surrogates. This cautious approach is seen as an attempt to avoid the possibility of Trump being jailed, which could disrupt the trial proceedings. Even if prosecutors were able to demonstrate Trump's involvement in shaping the remarks of his surrogates, legal experts warn of the potential self-defeating outcome of triggering his imprisonment.
The presence of Trump's allies in the courtroom has drawn attention, particularly during a sidebar meeting between Judge Merchan and the lawyers involved. The prosecution requested that Trump's surrogates and their accompanying security details be prevented from entering or exiting during questioning. Trump's defense attorney, Todd Blanche, claimed he had no control over their actions, referring to them as members of the public.
Outside of the courtroom, Trump's surrogates have not only defended him but have also actively campaigned on his behalf. They have appeared in online video advertisements alongside members of Trump's family, calling for campaign donations. Some allies have arrived in Trump's motorcade, while others have entered through the public entrance or the overflow room. Noteworthy individuals among Trump's allies attending the trial include law professor Alan Dershowitz, former New York City Police Commissioner Bernard Kerik, and Trump administration official Kash Patel.
As the trial continues, Trump remains focused on events outside the courtroom, according to reports. He has praised his surrogates for their ongoing efforts in defending him and for expressing their belief that the trial is an orchestrated scam. Inside the courtroom, Trump has been observed reading and annotating articles and polls.
In the midst of these ongoing developments, legal experts emphasize the challenges faced by prosecutors in enforcing the gag order on Trump given the actions of his surrogates. The delicate balance between upholding the order and avoiding potential disruptions to the trial may continue to shape the dynamics surrounding the former president's trial.