Among the many politicians who came to the Manhattan courthouse to support the former president and voice their disapproval of the criminal case against him was U.S. Rep. Byron Donalds, R-Fla. “I am going to tell the truth because I am not under a gag order,” Donalds, who is supposedly a vice presidential candidate, stated to ABC News on May 14. In addition to disparaging one prosecutor, Donalds labeled the judge’s daughter as a “Democrat operative.” Sens. Tommy Tuberville of Alabama, J.D. Vance of Ohio, and Rick Scott of Florida are among the Republican politicians who joined Trump in Manhattan and have made remarks regarding the defendants in the case.
Republican remarks under scrutiny
Judge Juan Merchan issued a gag order prohibiting Trump from “making or directing others to make public statements” regarding witnesses, jurors, attorneys, court employees, or their families. (Trump is permitted to comment on Merchant and Alvin Bragg, the Manhattan District Attorney.) Ten violations have been documented against Trump. However, left-leaning commentators and social media users have brought up remarks made by Trump’s friends and guests in court as possible breaches of the gag order. Several former prosecutors who we spoke with questioned those assertions. Trump faces 34 counts of making false statements about his business in an alleged plot to conceal the payment of hush money to adult film star Stormy Daniels prior to the 2016 presidential election.
Gag order compliance in question
On May 14, Tuberville stated that he went to court with Trump in part in order to “overcome this gag order” and “to be able to speak our piece for President Trump.” Republican congressmen like Tuberville have made remarks disparaging Michael Cohen, a crucial witness and former Trump’s personal attorney. Cohen received a three-year jail term after being found guilty of tax evasion, making false claims to a bank that is federally insured, and violating campaign funding laws. Following his May 13 court appearance, Tuberville cast doubt on Cohen’s reliability.
“How is it possible to believe someone who is a habitual liar? Tuberville remarked, “I mean, there really should be no reason why anyone should listen to this guy.” Vance, who was present during Trump’s trial with Tuberville, also discussed Cohen.”This guy is a convicted felon who admitted in his testimony that he secretly recorded his former employer, that he only did it once allegedly and that this was supposed to help his former employer Donald Trump,” Vance told reporters as he left the courthouse.
Impact of GOP statements on Trump trial
Scott, who said that a top Trump campaign aide had urged him to attend the trial, attacked the judge’s daughter on May 9 by telling reporters outside the court that she is “a political operative and raises money for Democrats.” The 2020 Biden-Harris campaign is among the Democratic customers of Authentic, a digital marketing organization, which is presided over by Loren Merchan, the daughter of Juan Merchan. Authentic has not replied to PolitiFact’s questions or deleted the staff page from its website, so it is unknown if Loren Merchan is still employed there. On May 12 on “Fox News Sunday,” Scott declared, “Everyone involved in this is part of the Democrat machine,” referring to Matthew Colangelo, one of Bragg’s prosecutors, and Juan Merchan, his daughter.
| Gag order violations | Contempt of court charges | Republican statements and gag order |
| Ten alleged breaches of a gag order were brought against Donald Trump in his ongoing criminal hush money prosecution. | For one of the four offenses, Merchant found Trump in contempt, and each transgression was fined $1,000. | There was no explicit reference to other Republicans breaking the gag order; instead, the focus of the infractions was on Trump’s remarks. |
| On March 26, 2023, a gag order was imposed that forbade Trump from talking about juries, witnesses, prosecutors, or court employees. | Trump may face penalties and possibly even jail time if prosecutors are right and he broke the gag order many times. | The gag order mainly addressed remarks made by Trump against juries, witnesses, court employees, and other relevant parties. |
| Posts on social media, remarks made during media appearances, and information published on his campaign website were among the infractions. | Trump’s legal team filed an appeal of the gag order, claiming that it violated his right to free expression. | The main infractions that resulted in contempt charges were Trump’s remarks and critiques of the trial. |
| Judge Juan Merchan of the New York Supreme Court threatened jail term if infractions persisted. |
Legal ramifications of potential gag order breach
In her previous position as the state attorney general of New York, Colangelo oversaw legal actions brought against the Trump administration and conducted investigations into the Trump Foundation. Alongside Trump in court were other Republican lawmakers such as Florida Representative Matt Gaetz, North Dakota Governor Doug Burgum, Colorado Representative Lauren Boebert, and the attorneys general of Texas and Iowa.
