In Multiple Courts, Trump’s Mouth Catches Up With Him and His Allies

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Former President Donald Trump sits in court with attorneys Alina Habba and Christopher Kise during his civil fraud trial at New York State Supreme Court on October 25, 2023 in New York City.

or many politicians, exaggerating or lying in public speeches and on TV often draws few consequences, even when it’s called out. But it’s different in the judicial system. Misleading and mouthing off in court can bring on fines and the risk of a jail sentence.

Justice Arthur F. Engoron unexpectedly called Trump to the stand on Oct. 25 to answer whether he had disparaged a law clerk in comments to reporters outside the courtroom earlier that day. Why did that matter? Judges can restrict what defendants can say publicly about court staff in an effort to protect courtroom workers from threats, intimidation, and undue influence.

Over the next several days, Donald Jr. and Eric are slated to take the stand in the trial, in addition to Trump himself on Nov. 6, and Trump’s daughter Ivanka later that week. Trump’s legal team had argued that the order restricting Trump’s public comments about the case was vague and violated Trump’s free speech rights. Chutkan disagreed, saying the gag order was necessary for the “orderly administration” of the case.

Trump will have to show he’s complying with the order for several months. That trial in federal court in Washington, D.C. is set to start on March 4.The fact that members of Trump’s legal team spread lies and took steps to illegally reverse the 2020 election is now a matter of public record, leading to real consequences for the former Trump allies.

The plea deals put pressure on other high-profile defendants in the case, including Rudy Giuliani, who was Trump's most prominent lawyer spreading false claims that Trump won, and John Eastman, who worked in multiple states to marshal fake Trump electors to overturn Biden's win.

 

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