Dilemma for Judge in Trump Case: Whether to Muzzle the Former … – The New York Times
As a former president and the de facto leader of the Republican Party, Donald J. Trump is one of the most powerful people in America.
But as a criminal defendant within the confines of the Manhattan courtroom where the case against him will play out for months to come, Mr. Trump is under the authority of someone else: the presiding judge, Juan M. Merchan.
The two men came face-to-face on Tuesday, after prosecutors with the Manhattan district attorneys office unveiled 34 felony charges against Mr. Trump. When the prosecutors raised some of the former presidents recent social media posts, including one warning that death and destruction could follow if he were charged, Justice Merchan asked that Mr. Trump refrain from making comments that were likely to incite violence or civil unrest.
But after the hearing, Mr. Trump returned to Florida and to his old habits, calling the district attorney, Alvin L. Bragg, a criminal, and Justice Merchan himself a Trump-hating judge with a Trump-hating wife and family.
Justice Merchans warning and Mr. Trumps reaction later that evening provided dueling examples of what will almost surely be a delicate dance. The former president, who is running to take back the White House, will have to appeal to a political base that feeds on his unrestrained rhetoric without crossing a line that might cause the judge to take action against him.
If Mr. Trump does cross that line, Justice Merchan will have to be careful in how he responds, to avoid any appearance of bias. He has the rare power to constrain the former presidents speech. The question will be whether and how to use it.
A judge in this situation would have to discipline themselves constantly and try to act and respond to the situation as they would to any defendant facing these charges, said Barry M. Kamins, a former administrative judge of New York Citys criminal courts. I know it sounds like a herculean task to do that, but I think a judge has to be able to do exactly what he would do in any other case.
Mr. Trump, who on Tuesday pleaded not guilty to 34 counts of falsifying business records related to a 2016 hush-money payment made to a porn star on his behalf, has the same rights the U.S. Constitution guarantees to any defendant. He has freedom of speech, the right to a fair trial and is innocent until proven otherwise.
But judges have significant power over defendants who appear before them, and Justice Merchan would have several means of disciplining Mr. Trump, if he deems it necessary.
I am sure Justice Merchan wants to avoid a real confrontation, if that is humanly possible, but he will want to assert the authority of the court, said Michael J. Obus, a judge who served in State Supreme Court for more than two decades and who has known Justice Merchan for about 14 years.
Though judges often act on their own accord, they sometimes exercise their powers over a defendant after prosecutors ask them to do so. On Tuesday, one of the prosecutors, Catherine McCaw, said that her team was in talks with Mr. Trumps lawyers over a draft protective order that would limit how the former president uses evidence and other case material shared with his lawyers.
Prosecutors are seeking to bar him from reviewing the material without his lawyers present, and from sharing the material with third parties, including the press or his social-media following. If he were to violate such an order, he could be held in contempt of court, Ms. McCaw said.
But Mr. Trumps defense lawyers have since decided that theyre going to oppose the proposed order, and the matter likely will be subject to litigation, according to a person with knowledge of the matter.
Current and former judges said that Justice Merchan, who has been on the bench in New York State Supreme Court since 2009, would almost certainly take other steps before he even considered placing Mr. Trump in contempt of court.
He could admonish Mr. Trump or ask that the former president return to court in person earlier than Dec. 4, his next scheduled appearance date. Only if the former president continued to lash out might he think about harsher punishments.
One of those, raised in advance of Tuesdays hearing by some of Mr. Trumps associates, could be a gag order, a catchall term for an order limiting what a defendant or often a defendants lawyer can say to the public. Judges are usually hesitant to impose such orders and do so only to prohibit specific types of speech.
Certainly, the court would not impose a gag order at this time even if it were requested, Justice Merchan said during Mr. Trumps arraignment. Such restraints are the most serious and least tolerable on First Amendment rights. That does apply doubly to Mr. Trump, because he is a candidate for the presidency of the United States.
When prosecutors raised the subject of the social media posts from Mr. Trump, Justice Merchans response asking Mr. Trumps legal team to warn the former president against making such comments seemed to reflect the judges intention to exercise his authority in stages.
This is a request Im making, he said. Im not making it an order.
If Justice Merchan were to find Mr. Trump in contempt of court, he would have the power to fine the former president up to $1,000, or even to jail him for 30 days. But experts said the possibility of that happening is very slim.
The judge can put him in jail but that would absolutely be the last resort, because it would just make matters worse, Judge Kamins said.
Justice Merchan has been under the protection of armed court officers at least since the grand jury voted to indict Mr. Trump on March 30, according to a person familiar with the arrangements.
One person who knows the judge said his chambers have been flooded with calls of support from colleagues and others, as well as angry calls from supporters of the former president, and many of those calls have included threats.
For decades, Mr. Trump has taken a keen interest in the judges presiding over civil cases that have involved him. Longtime associates recall Mr. Trump invoking Roy M. Cohn, his former fixer and lawyer, when arguing about the importance of the judge in charge of any case.
The former president often suggests judges hearing cases are too biased to continue, as he has with Justice Merchan. People familiar with Mr. Trumps thinking say he believes he can get the judge to recuse himself. He may seize on public records which show that, during the 2020 presidential election, Justice Merchan donated $15 to the Democratic group Act Blue earmarked for Mr. Trumps opponent, Joseph R. Biden Jr., as well as $10 each for two other Democratic groups, including one called Stop Republicans.
Before he was arraigned, Mr. Trump attacked Justice Merchan by his full name: Juan Manuel Merchan. Justice Merchan was born in Bogot, Colombia. He came to the United States with his family when he was 6 years old, grew up in Queens and began his legal career in 1994 as an assistant district attorney in Manhattan.
Last fall, he presided over the trial of Mr. Trumps family business, The Trump Organization, which in December was convicted of 17 felonies. He is currently overseeing a case the district attorneys office brought against Steve Bannon for defrauding contributors to an organization that sought to help construct a wall along the southern border.
Though Justice Merchan typically appears sober and even-keeled, lawyers for Mr. Trumps company and Mr. Bannon have at times tested him. During the trial of the Trump Organization, he appeared to grow frustrated with two of Mr. Trumps lawyers after they made vulgar references and gestures in closing arguments. Eventually he told another lawyer representing the company to tell them to refrain from the improper decorum thats going on.
He had even less patience for David Schoen, a lawyer for Mr. Bannon. A January hearing at which Mr. Schoen was seeking to be removed from the case included several fiery exchanges between Justice Merchan and Mr. Schoen.
At the end of the hearing, the judge told the lawyer that you never need come back.
Maggie Haberman contributed reporting. Susan C. Beachy contributed research.
Follow this link:
Dilemma for Judge in Trump Case: Whether to Muzzle the Former ... - The New York Times
- LEADER JEFFRIES WITH DEMOCRATIC VETERANS: DONALD TRUMP HAS CONTINUED TO BREAK HIS WORD TO THE AMERICAN PEOPLE Congressman Hakeem Jeffries -... - March 4th, 2026 [March 4th, 2026]
- President Donald J. Trump hosts a bilateral meeting with German Chancellor Friedrich Merz - The White House (.gov) - March 4th, 2026 [March 4th, 2026]
- Donald Trump Humiliated by Allied Pilot Who Downed $100 Million Worth of U.S. Jets - The Daily Beast - March 4th, 2026 [March 4th, 2026]
- Is Donald Trump facing impeachment 2026? What the odds say today - The News Journal - March 4th, 2026 [March 4th, 2026]
- President Donald Trump says he doesnt care if Iran plays at World Cup in North America - The Athletic - The New York Times - March 4th, 2026 [March 4th, 2026]
- President Donald Trump pledges action to save Great Salt Lake - KUTV - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump Calls On Netflix To Fire Board Member Susan Rice Or Pay The Consequences - Deadline - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump just announced a NEW 15% TAX on the American people. He does not care about you. - x.com - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump is reshaping American health care - The Economist - February 22nd, 2026 [February 22nd, 2026]
- Donald Trump says US committing $10 billion to Board of Peace - The Hill - February 20th, 2026 [February 20th, 2026]
- Florida airport to be renamed after US President Donald Trump - RFI - February 20th, 2026 [February 20th, 2026]
- Donald Trump and the disgrace of Presidents Day - The Hill - February 16th, 2026 [February 16th, 2026]
- Nothing says the special relationship is over like this picture of Donald Trump and Liz Truss | Zoe Williams - The Guardian - February 16th, 2026 [February 16th, 2026]
- George Washington and Donald Trump Have a Similar Obsession. Theyve Expressed It Shall We Say ... Differently. - Slate - February 16th, 2026 [February 16th, 2026]
- Where Donald Trump Approval Rating Stands in Each State on Presidents Day - Newsweek - February 16th, 2026 [February 16th, 2026]
- Donald Trump is "in retreat" on Greenland and ICE, prominent critic and California Governor Gavin Newsom told DW at #MSC2026. - facebook.com - February 16th, 2026 [February 16th, 2026]
- Peter Kalis: What JFK did, Donald Trump can do, and for the same reasons - Pittsburgh Post-Gazette - February 16th, 2026 [February 16th, 2026]
- Donald Trump and the Dictator Dynamic - America Magazine - February 11th, 2026 [February 11th, 2026]
- Who wrangled the best trade deal from Donald Trump? - The Economist - February 11th, 2026 [February 11th, 2026]
- President Donald Trump: We have the hottest country in the world - Fox Business - February 9th, 2026 [February 9th, 2026]
- President Donald Trump announces the launch of TrumpRX - The White House (.gov) - February 9th, 2026 [February 9th, 2026]
- Donald Trump calls Bad Bunny's halftime show a slap in the face' to the U.S. - NBC Bay Area - February 9th, 2026 [February 9th, 2026]
- The 7 things to know about President Donald Trump for Monday, Feb. 9 - The Washington Post - February 9th, 2026 [February 9th, 2026]
- Donald Trump calls for immediate NFL rule change after what he saw in Super Bowl 60 - Yahoo - February 9th, 2026 [February 9th, 2026]
- Bill Maher Says Donald Trump Wanting Greenland Isnt the Craziest Idea Ever - TV Insider - February 9th, 2026 [February 9th, 2026]
- Thank you, President Donald J. Trump, for approving Tennessees Major Disaster Declaration to support recovery following Winter Storm Fern. This... - February 7th, 2026 [February 7th, 2026]
- How to Protect the 2026 Elections from Donald Trump - The New Yorker - February 7th, 2026 [February 7th, 2026]
- 3 Polls That Paint a Worrying Sign for Donald Trump - Newsweek - February 7th, 2026 [February 7th, 2026]
- Donald Trump is still weird - Yahoo - February 7th, 2026 [February 7th, 2026]
- Remarks: Donald Trump Addresses the National Prayer Breakfast at the Capitol - February 5, 2026 - Roll Call - February 7th, 2026 [February 7th, 2026]
- Eugene Daniels reacts to Trump post with racist depiction of Obamas: 'This is who Donald Trump is' - MS NOW - February 7th, 2026 [February 7th, 2026]
- President Donald Trump signs the spending bill that ends the shutdown and reopens the U.S. Government - The White House (.gov) - February 4th, 2026 [February 4th, 2026]
- Read the extended transcript: President Donald Trump interviewed by 'NBC Nightly News' anchor Tom Llamas - NBC News - February 4th, 2026 [February 4th, 2026]
- Donald Trump wants to end Americas half-century conflict with Iran - The Economist - February 4th, 2026 [February 4th, 2026]
- Donald Trump and Xi Jinping discuss Ukraine and trade ahead of US state visit to Beijing - Financial Times - February 4th, 2026 [February 4th, 2026]
- Opinion: Why are political cartoonists drawn to Donald Trump? 'He really is a cartoon' - CT Insider - February 1st, 2026 [February 1st, 2026]
- David M. Shribman: Where is Donald Trump taking America? - Pittsburgh Post-Gazette - February 1st, 2026 [February 1st, 2026]
- How Donald Trump reshaped Vermont in just 1 year - VTDigger - February 1st, 2026 [February 1st, 2026]
- Everyone is comparing Donald Trump to the wrong fascist - PhillyVoice - February 1st, 2026 [February 1st, 2026]
- Donald Trump announces plans for Indycar race through Washington DC streets - The Guardian - February 1st, 2026 [February 1st, 2026]
- 'Melania' Is Gift to Donald Trump, Disguised As a Boring Movie: Review - Business Insider - January 30th, 2026 [January 30th, 2026]
- Mayor Helena Moreno meets with Donald Trump on sidelines of Washington Mardi Gras - NOLA.com - January 30th, 2026 [January 30th, 2026]
- Rinse and Repeat: Western allies ready for next rollercoaster with Donald Trump - CNN - January 26th, 2026 [January 26th, 2026]
- Donald Trump Addresses His Father's Alzheimer's in New Health Interview, Saying Fred Had 'What Do They Call It?' - People.com - January 26th, 2026 [January 26th, 2026]
- The Woman Who Stands Between Donald Trump and Greenland - The New York Times - January 26th, 2026 [January 26th, 2026]
- Davos 2026: Special Address by Donald J Trump, President of the United States of America - weforum.org - January 24th, 2026 [January 24th, 2026]
- Democratic senators sound the alarm on Pentagon backing firms linked to Donald Trump Jr. - CNN - January 24th, 2026 [January 24th, 2026]
- How Donald Trump Brought Us to a Rupture in the World Order - The New Yorker - January 24th, 2026 [January 24th, 2026]
- Donald Trump to unveil home buying plan involving retirement funds - BBC - January 18th, 2026 [January 18th, 2026]
- America has coped with worse things than Donald Trump - The Economist - January 18th, 2026 [January 18th, 2026]
- Venezuelans believe Donald Trump has offered them a better future - The Economist - January 14th, 2026 [January 14th, 2026]
- Donald Trump Yells 'F--k You' and Flips Off Man After Being Called a 'Pedophile Protector' - People.com - January 14th, 2026 [January 14th, 2026]
- Donald Trump Tries New Joe Biden Impression as He Brags About Ignoring Teleprompter '80% of the Time' - People.com - January 14th, 2026 [January 14th, 2026]
- Donald Trump Just Slapped Another Sign On The White House, And It's Exactly What You'd Expect - Yahoo - January 14th, 2026 [January 14th, 2026]
- Donald Trump wants the US back on the moon before his term ends. Can it happen? - The Guardian - January 2nd, 2026 [January 2nd, 2026]
- Donald Trump Caps Off 2025 With Digs At George Clooney And His New French Citizenship - Deadline - December 31st, 2025 [December 31st, 2025]
- Donald Trump in his own words the year in racism and misogyny - The Guardian - December 31st, 2025 [December 31st, 2025]
- How Donald Trump, 79, Turned Bruises and Cankles Into a Full-On Health Crisis - The Daily Beast - December 27th, 2025 [December 27th, 2025]
- Country music star shared heartbreaking message about Donald Trump before death - Yahoo - December 27th, 2025 [December 27th, 2025]
- I WITNESS: From the desk of Donald Trump - The Berkshire Edge - December 27th, 2025 [December 27th, 2025]
- Dear Britain: things are bad, but America will recover from Donald Trump. Just give us three years | Jimmy Kimmel - The Guardian - December 27th, 2025 [December 27th, 2025]
- Donald Trump Threatens Americans to 'Enjoy What May be Your Last Merry Christmas' - People.com - December 27th, 2025 [December 27th, 2025]
- Donald Trump Praises Ted Sarandos But Says Netflix-WBD Would Have A Great Big Market Share In Streaming - Deadline - December 7th, 2025 [December 7th, 2025]
- Sources: Ted Sarandos Met With Donald Trump Ahead of Netflixs Winning Warner Bros. Deal - The Hollywood Reporter - December 7th, 2025 [December 7th, 2025]
- Donald Trump Jr. suggests the US may walk away from Ukraine peace talks - CNN - December 7th, 2025 [December 7th, 2025]
- "SNL" mocks Pete Hegseth and "sleeping" Donald Trump"kill everybody" - Newsweek - December 7th, 2025 [December 7th, 2025]
- The war on drugs felt over. Donald Trump restarted it - CNN - December 7th, 2025 [December 7th, 2025]
- At the 2026 World Cup draw, the winner is ... Donald Trump - CNBC - December 7th, 2025 [December 7th, 2025]
- Melania Trump was once the one making controversial White House design choices. Now, it's Donald Trump. - Business Insider - December 2nd, 2025 [December 2nd, 2025]
- Donald Trump Gets Worrying Sign Ahead of Midterms - Newsweek - December 2nd, 2025 [December 2nd, 2025]
- Tennessee Special Election Could Be Kamala Harris Revenge on Donald Trump - Newsweek - December 2nd, 2025 [December 2nd, 2025]
- Drug trafficking: Donald Trump says he is 'okay' with striking Mexico - France 24 - November 18th, 2025 [November 18th, 2025]
- Donald Trump to host Saudi crown prince Mohammed bin Salman at White House - live updates - The Guardian - November 18th, 2025 [November 18th, 2025]
- MBS Has a List of Big Asks for Donald Trump in DC - Bloomberg.com - November 14th, 2025 [November 14th, 2025]
- Timeline of Donald Trump and Jeffrey Epsteins relationship - CNN - November 14th, 2025 [November 14th, 2025]
- 'I am the one able to take him down.' What Jeffrey Epstein said about Donald Trump. - USA Today - November 14th, 2025 [November 14th, 2025]
- President Donald Trump signs the funding bill from Congress that reopens the government - The White House (.gov) - November 14th, 2025 [November 14th, 2025]
- Donald Trump Is a Lamer Duck Than Ever - The Atlantic - November 14th, 2025 [November 14th, 2025]
- Terry McAuliffe: Donald Trump is the Democrats Best Weapon - CNN - November 14th, 2025 [November 14th, 2025]
- Donald Trump May Have Revealed Where Barron Is Living After His Quiet College Transfer - People.com - November 14th, 2025 [November 14th, 2025]