'We’re becoming communist China': Trump allies rail against 'run-of-the-mill feature in criminal cases'

04 April 2023

On Wednesday, March 22 — the day before former President Donald Trump was indicted by a grand jury in New York City — The Guardian's Hugo Lowell reported that Trump was hoping to be seen handcuffed in public while doing the "perp walk." Defendants typically dread the "perp walk" and find it humiliating, but Trump, according to Guardian sources, believed that it would be politically advantageous to him and would fire up his MAGA base.

Trump, in the days before the indictment came down, angrily railed against Manhattan District Attorney Alvin Bragg, Jr. over reports that he would be arrested in connection with Bragg's investigation of alleged hush money payments to porn star Stormy Daniels. Grievance has been a recurring theme with Trump, and according to Vice's Greg Walters, one possibility that Trump and his allies fear in Bragg’s case is the possibility of a gag order being issued.

Walters, in an article published on April 4, explains, "Former President Donald Trump's inner circle is growing increasingly frantic about the potential impact of a gag order on Trump. They're taking to the airwaves to argue Trump should be allowed to fight his case in public, using the kind of vitriolic language he always has against prosecutors and law enforcement officials — before a judge has even had a chance to weigh in on the question."

The reporter adds, "Legal experts say that it’s likely Trump, who’s scheduled to be arraigned in a Manhattan courtroom on criminal charges at 2:15 p.m. on Tuesday, will eventually be ordered not to speak about his case. Breaking such an order could potentially land Trump in contempt of court, which could mean jail time."

Trump allies who have been speaking out against a possible gag order include his son Donald Trump, Jr. and veteran GOP operative Roger Stone. In a video posted on Twitter, the ex-president's son rants, "We’re gonna just charge you with a bunch of nonsense, and then, we’re not gonna even let you talk about it to defend yourself in the court of public opinion. Seems sort of contrary to everything America stands for.... If you don’t think that we’re becoming Communist China with each and every day, you haven’t been watching."

During an appearance on Tucker Carlson’s Fox News show, Stone told the far-right host, "Not only do I think the gag order would be unconstitutional, it’s election interference."

Walters, however, notes that gag orders "are a run-of-the-mill feature in criminal cases, especially when a defendant’s statements could be interpreted as threatening prosecutors, influencing witnesses, or tainting the jury pool." And Robert Gottlieb, a former assistant prosecutor in the Manhattan DA’s Office, believes that Juan Merchan — the judge in Bragg's case — is likely to issue one.

Gottlieb told Vice, "I will be very surprised if the issue of a gag order is not raised and seriously discussed at the arraignment. This judge is going to be very concerned about the obvious attempt to influence potential jurors, as well as the incitement to engage in violence."

Read Vice’s full report at this link.

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