Trump’s posts were dangerous. Were they illegal?
In the case of Trump declaring, “IF YOU GO AFTER ME, I’M COMING AFTER YOU,” the statement is broad enough that its effect could go beyond just the jury pool. Rossein noted it could have a chilling effect on witnesses, dissuading them from coming forward and telling the truth. The message could also be read as a threat to prosecutors and their families.
Amid Trump’s many targeted Truth Social posts, the prosecution also has the power to request a gag order, which goes further than a protective order. A gag order bans lawyers and defendants from making any public comments about the case, but it’s used very sparingly, as judges are hyperaware of impeding anyone’s First Amendment rights. Ultimately all court orders and rules are meant to uphold both sides’ constitutional rights so that a fair trial can happen with due process.
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