It’s folly to slap a gag order on former President Donald Trump. It’s a recommendation Manhattan DA Alvin Bragg will probably make and the judge should immediately reject.
Let Trump maintain his right to free speech as this case plays out in the courts.
If Bragg is really being nonpolitical — and we have serious doubts about that — he should allow Trump to speak his mind. A gag order will speak volumes about Bragg’s true intentions. What is he afraid of?
If the indictment really is robust, then that’s what will stand up in court — not a paper-thin example of prosecutorial abuse a weak case will say.
Former Suffolk prosecutor Timothy M. Burke, one of the more straight-talking legal experts in the city, also cautions against “prior restraint” — or a gag on a defendant and all involved in a case.
“It just adds more complications to an already complicated case,” Burke told the Herald Monday. “And good luck trying to enforce it.”
Trump will speak his mind and if that’s Bragg’s play here, holding a former president in contempt of court over a gag order would fire up more than just the former president’s base.
Burke said courts are “reluctant” to restrain free speech “under normal circumstances.” Plus, what anyone says can be used against them in court. Potential jurors, no matter how deep you dig, will all know ahead of time in Trump was jailed for violating a gag order.
It’s a ridiculous move.
There’s no playbook for the first indictment of a former president on criminal charges. That’s why every move the DA makes should be subjected to intense scrutiny.
Bragg is a Harvard grad, both undergraduate and law school, and he’s an unabashed progressive. He’s also stated: “I’ve sued Trump more than a hundred times,” adding “I can’t change that fact, nor would I. That was important work.”
A Heritage Foundation study labeled him a “rogue prosecutor” with “dangerous” policies.
Judicial Watch reports Bragg received a significant boost from George Soros and the political arm of Color of Change, an activist group supporting the progressive prosecutor movement. In May 2021, Color of Change endorsed Bragg and declared it would spend $1 million to support him — a game-changer in the primary, Judicial Watch added. A few days later, in an unmistakable signal of support, Soros donated $1 million to Color of Change.
We have a saying here, we’re playing with live ammunition when livelihoods and reputations are on the line. Bragg may think he’s just gone hunting for Donald Trump, but the game is bigger. Much bigger.
Our political system is also on trial here. We will all see, to some extent, what allegations Bragg is making today at Trump’s indictment. The court filings to follow will be even more revealing — or not. But that’s where Bragg should focus.
Don’t gag Trump. The 2024 election is upon us already and he’s seeking re-election. Allowing a lone prosecutor with a proven political agenda to have too much power could do more damage than anyone ever intended.
Mr. DA, file your charges, prep for trial, and stop worrying about the court of public opinion.