Former Assistant U.S. Attorney Andy McCarthy said Tuesday that Judge Juan Marchand's decision to partially lift a gag order against former President Donald Trump appeared to be a “political” decision and that keeping the order in effect was not legally necessary.
Merchant Partially Lifted Judge Marchan lifted the gag order against Trump on Tuesday ahead of the first presidential debate scheduled for Thursday, but left in place significant restrictions banning him from criticizing certain prosecutors. Fox News' McCarthy said Judge Marchan's motives must be “political” because there is no legal basis for the gag order against Trump to remain in place, especially given the “influence” the judge has over him as the ruling approaches. (Related article: “Election interference”: Experts say silencing Trump would likely violate his and the Americans' rights.)
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Andy McCarthy says Trump's gag order is 'clearly political' and 'no longer necessary' legally pic.twitter.com/vdDYDKJMTx
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“I also think what they're doing here is lowering the definition of incitement and lowering the definition of other crimes,” McCarthy said. “In other words, if Trump commits incitement — if he makes statements that directly cause actual and imminent harm — they can charge him with that. If he obstructs justice, if he intimidates a jury or whatever, they can charge him with that. They don't have that evidence, so what they're trying to do is issue a blanket order that treats him as if he's already been convicted of these things that they don't have evidence against him for.”
“And the purpose is clearly political… The trial is over, so there's no need for this other than to interfere with what he says at debates and in public,” he continued. “And frankly, the judge is going to sentence him on July 11th. How much more influence does Marchan need over Trump than he can sentence him in a few weeks?”
Trump is currently allowed to talk about witnesses such as porn star Stormy Daniels and his former lawyer Michael Cohen, but until the ruling is in, he cannot discuss others included in the order, including prosecutors on Manhattan District Attorney Alvin Bragg's team. The remaining restrictions bar him from talking about Matthew Colangelo, who worked in President Joe Biden's Justice Department for two years and joined Bragg's office in December 2022.
“Pending adjudication, all individuals covered by subsection (b) must continue to perform their lawful duties without threat, intimidation, harassment or harm,” Marchan wrote.
Trump's July 11 ruling comes just days before the Republican National Convention on July 15.
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