(CNSNews.com) - Will the judge presiding at Donald Trump's arraignment impose a gag order on the presidential candidate? That's one of the many questions arising ahead of this afternoon's arraignment of the former president.
"Can't be. Won't happen," Joe Tacopina, Trump's attorney, told Fox News's Sean Hannity Monday night:
"I don't believe anyone's even looking for that. I mean, that would be -- that would really set ablaze the passions and the tempers that already have been inflamed by this case. You know, people view this as a political persecution.
“You know, those numbers you showed, Sean, in your introduction regarding his increase in popularity in the polls and the amount of money that's come in the last three days are because people are infuriated. And they are now understanding that weaponization of the justice system is a real thing.
"But you know, attempting to gag a United States citizen who is a defendant, not a lawyer, not a litigant but a defendant in the case, you know, especially -- that's a First Amendment violation, obviously. but has to be balanced against the right to a fair trial.
"But imagine putting a gag on Donald Trump when he's the frontrunner for the Republican Party for the presidential office. And imagine during the campaign he's told, you know, I can't speak about the case. So when people ask him questions, he has to just say, sorry, I have a gag order.
"Obviously that's not going to happen. That would directly interfere with the election, as this prosecution has already done. That would further interfere with the election. There's no scenario where that's going to happen. I'm sure of that. I don't think that's even going to be requested."
Tacopina said Trump's legal team "has been meeting and discussing" how to proceed.
One thing is certain, he said:
"There'll be a host of motions we're going to make, including, I’m telling you, right off the bat a motion to dismiss based on selective prosecution, prosecutorial misconduct.
"There will be other things to consider like a venue change and other motions that wouldn't be right to get into at this point. We first have to see this indictment.
“But -- but look, at the end of the day, when -- if this gets to a jury, and it really shouldn't get to a jury because this case should be dismissed on the law.
“But if it gets to a jury, what I would do, what our team would do...is to simply look, the jurors in the eye and say you're not voting for a political office here. This is not a presidential campaign or a gubernatorial campaign, this is someone's life and liberty.
"And this is much more serious than what side of the, you know, political spectrum you're on. This is someone's life and liberty and whether they're deemed to be a criminal for the rest of their life.
“And most people that want to be able to look themselves in the mirror for the rest of their lives are going to follow the law and going to follow the facts. If they follow the law and the facts in this case, if we get to a jury, again, this should be the quickest verdict in the history of the United States of America.
"So look, we have to weigh all things. And we do have to consider the bias against President Trump in this city. And we will weigh it.
"But ultimately people who are going to be sitting in judgment of him, if it gets that far, are going to really have to be so conscientious of their oath and their duty and the rule of law in this country.
"Because if we just say, ah, it's Donald Trump, we don't have to worry about it. Like you said, there's a Republican prosecutor in Texas that's going to be gearing up for a Democrat now, and this is what we're going to use the justice system for, to be a political tool in this country.
“And rule of law in this country is dead, dead, if that happens, Sean."