Megyn Kelly and Jonathan Turley criticized Judge Juan Marchan's “throttle control” of 2024 Republican presidential nominee Donald Trump's speech on “The Megyn Kelly Show” on Tuesday.
The New York Supreme Court on June 18 rejected Trump's appeal of a gag order in the Manhattan case, with Judge Kelly blasting prosecutors for keeping Trump “indefinitely” gagged during the debates and possibly through the 2024 election cycle.
“In the New York lawsuit, they're arguing that Trump should be silenced indefinitely because of his appeal, so the debates and the election are a breeze,” Kelly said. “He has to be quiet about the jury. He can't say now, like a normal defendant, 'the jury was biased against me.' You can't be Trump because you're Trump.”
“Well, I mean, think about what that means,” Turley said. “A single judge sitting in Manhattan controls what a presidential candidate can say. The verdict is in, the jury is dismissed, we're waiting for the verdict, and he keeps the gag order in place. So there's no justification for the gag order. And yet he's now just unfairly using it to silence this presidential candidate. Here we are.”
In a case brought by Manhattan District Attorney Alvin Bragg, a jury found Trump guilty on May 30 of all 34 charges of falsifying business records. During the trial, Judge Marchan found Trump had violated the gag order 10 times. Each time, the Republican candidate was fined $1,000 for each violation and threatened prison time for any future violations. (RELATED: 'Biggest fundraising boom in history': Andrew Cuomo points out how Trump's New York trial could impact 2024 election)
Turley said most legal analysts have not spoken out against Trump's “abuse” of gag orders for fear of retaliation.
“As legal analysts, they can't say anything in Trump's favor,” Turley said, “so they see the abuse happening in Manhattan and they say nothing.”
“That's exactly what's happening in higher education,” Turley added. “I've had a number of faculty write me recently who say they're under attack in the Palestinian protests in Gaza. And yet these same academics have remained silent for 20 years while their colleagues have been fired and investigated. And suddenly they've discovered the value of free speech. Unfortunately, it takes someone to really look closely to realize the importance of the rule of law.”
Kelly said Democrats at MSNBC and CNN are “drooling every day” because Trump has a “potential problem on appeal” over the gag order.
“He's truly a man drunk with power,” Kelly said of Judge Marchan.
Turley agreed, telling Kelly that there is “no reason for Trump's gag order to continue.” The George Washington University law professor said the gag order bars Trump from speaking about Michael Colangelo, a former senior Department of Justice (DOJ) official in the Biden administration. Colangelo served as deputy attorney general at the DOJ in 2022 before taking a lower-ranking position as senior counsel in the Manhattan district attorney's office.