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•  State Bar News - Legal News


Donald Trump’s lawyers are asking a New York judge to lift the gag order that barred the former president from commenting about witnesses, jurors and others tied to the criminal case that led to his conviction for falsifying records to cover up a potential sex scandal.

In a letter Tuesday, Trump lawyers Todd Blanche and Emil Bove asked Judge Juan M. Merchan to end the gag order, arguing there is nothing to justify “continued restrictions on the First Amendment rights of President Trump” now that the trial is over.

Among other reasons, the lawyers said Trump is entitled to “unrestrained campaign advocacy” in light of President Joe Biden’s public comments about the verdict last Friday, and continued public criticism of him by his ex-lawyer Michael Cohen and porn actor Stormy Daniels, both key prosecution witnesses.

Trump’s lawyers also contend the gag order must go away so he’s free to fully address the case and his conviction with the first presidential debate scheduled for June 27.

The Manhattan district attorney’s office declined to comment.

Merchan issued Trump’s gag order on March 26, a few weeks before the start of the trial, after prosecutors raised concerns about the presumptive Republican presidential nominee’s propensity to attack people involved in his cases.

Merchan later expanded it to prohibit comments about his own family after Trump made social media posts attacking the judge’s daughter, a Democratic political consultant. Comments about Merchan and District Attorney Alvin Bragg are allowed, but the gag order bars statements about court staff and members of Bragg’s prosecution team.

Trump was convicted Thursday of 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a hush money payment to Daniels just before the 2016 election. She claims she had a sexual encounter with Trump a decade earlier, which he denies. He is scheduled to be sentenced July 11.

Prosecutors had said they wanted the gag order to “protect the integrity of this criminal proceeding and avoid prejudice to the jury.” In the order, Merchan noted prosecutors had sought the restrictions “for the duration of the trial.” He did not specify when they would be lifted.

Blanche told the Associated Press last Friday that it was his understanding the gag order would expire when the trial ended and that he would seek clarity from Merchan, which he did on Tuesday.



After approximately five weeks, 19 witnesses, reams of documents and a dash of salacious testimony, the prosecution against Donald Trump rested its case Monday, handing over to the defense before closing arguments expected next week.

Trump’s team immediately sought to undermine key testimony against the former president, who is accused of covering up hush money paid to a porn star over an alleged encounter that could have derailed his successful 2016 White House bid.

His attorneys called lawyer Robert Costello — who once advised star prosecution witness Michael Cohen before falling out with him — in an apparent attempt to puncture Cohen’s credibility.

But Costello’s start on the stand was shaky at best, as his dismissive tone provoked an angry response from Judge Juan Merchan.

Merchan chided Costello for remarking “jeez” when he was cut off by a sustained objection and, at another point, “strike it.” Merchan told him: “I’m the only one that can strike testimony in the courtroom. Do you understand that?”

"And then if you don’t like my ruling, you don’t give me side eye and you don’t roll your eyes.”

Merchan was about to bring the jury back in when he asked Costello, “Are you staring me down right now?” and then kicked out the press to further admonish him.

"I’m putting you on notice that your conduct is contemptuous,” Merchan said, according to the transcript of the conversation that occurred when the press was out of the room. ”If you try to stare me down one more time, I will remove you from the stand.”

Costello didn’t return a message seeking comment Monday night.

Trump, speaking to reporters afterward, called the episode “an incredible display,” branding the proceedings “a show trial” and the judge “a tyrant.”

Extended quibbling among the two legal teams, along with the upcoming holiday weekend, means closing arguments that the judge had hoped could start Tuesday are now anticipated for next week.

It’s unlikely and risky, but the door remains open for Trump to take the stand in the criminal trial, the first ever of a former US president.

Experts doubt he will, as it would expose him to unnecessary legal jeopardy and forensic cross-examination by prosecutors — but his lawyer Todd Blanche has raised the prospect.

On Monday, Blanche finished his third day of questioning Cohen after hours of at times digressive, at other times bruising, exchanges.



The U.S. Supreme Court appeared to side with Starbucks Tuesday in a case that could make it harder for the federal government to seek injunctions when it suspects a company of interfering in unionization campaigns.

Justices noted during oral arguments that Congress requires the National Labor Relations Board to seek such injunctions in federal court and said that gives the courts the duty to consider several factors, including whether the board would ultimately be successful in its administrative case against a company.

“The district court is an independent check. So it seems like it should be just doing what district courts do, since it was given the authority to do it,” Justice Amy Coney Barrett said.

But the NLRB says that since 1947, the National Labor Relations Act — the law that governs the agency — has allowed courts to grant temporary injunctions if it finds a request “just and proper.” The agency says the law doesn’t require it to prove other factors and was intended to limit the role of the courts.

The case that made it to the high court began in February 2022, when Starbucks fired seven workers who were trying to unionize their Tennessee store. The NLRB obtained a court order forcing the company to rehire the workers while the case wound its way through the agency’s administrative proceedings. Such proceedings can take up to two years.

A district court judge agreed with the NLRB and issued a temporary injunction ordering Starbucks to rehire the workers in August 2022. After the 6th U.S. Circuit Court of Appeals upheld that ruling, Starbucks appealed to the Supreme Court.

Five of the seven workers are still employed at the Memphis store, while the other two remain involved with the organizing effort, according to Workers United, the union organizing Starbucks workers. The Memphis store voted to unionize in June 2022.

Starbucks asked the Supreme Court to intervene because it says federal appeals courts don’t agree on the standards the NLRB must meet when it requests a temporary injunction against a company.

In its review of what transpired at the Starbucks store in Memphis, the Sixth Circuit required the NLRB to establish two things: that it had reasonable cause to believe unfair labor practices occurred and that a restraining order would be a “just and proper” solution.

But other federal appeals courts have required the NLRB to meet a tougher, four-factor test used when other federal agencies seek restraining orders, including showing it was likely to prevail in the administrative case and that employees would suffer irreparable harm without an injunction.

Justice Ketanji Brown Jackson appeared to agree with the NLRB’s argument that Congress meant for the agency to operate under a different standard.

She noted the NLRB has already determined it is likely to prevail in a case by the time it seeks an injunction. And she noted that injunctions are very rare. In the NLRB’s 2023 fiscal year, it received 19,869 charges of unfair labor practices but authorized the filing of just 14 cases seeking temporary injunctions.

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