Prosecutors ask for Donald Trump gag order ahead of hush-money trial

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The 77-year-old pleaded not guilty to all changes against him in the hush money case (Image: AFP via Getty Images)
The 77-year-old pleaded not guilty to all changes against him in the hush money case (Image: AFP via Getty Images)

Prosecutors in Donald Trump's impending 'hush money' trial have asked a New York judge to impose a gag order on the former president to prevent what they call potential "threat to the trial".

They cited what they called the Republican frontrunner's "long history of making public and inflammatory remarks" about those involved in his legal cases. Manhattan District Attorney Alvin Bragg's office made the request as part of three filings surrounding the case.

They are hoping for a "narrowly tailored" order that would bar Trump from making or directing others to make public statements about potential witnesses and jurors, as well as statements designed to interfere with or harass court staff, the prosecution team or their families ahead of the trial which is due to start on March 25.

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Prosecutors ask for Donald Trump gag order ahead of hush-money trial qhiqqkiqtdiqrxinvTrump has a 'singular history' speaking out against anyone involved in a legal case concerning him, prosecutors claimed (AFP via Getty Images)

The prosecutors cited what they described as Trump's "longstanding and perhaps singular history" against anyone involved in a legal case against him. He is accused of falsifying business records in relation to to hush money he paid to adult film actress Stormy Daniels. The 77-year-old pleaded not guilty to all 34 charges brought against him.

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The DA's office also requested that the notorious 'Access Hollywood' tape from 2005 be played before the jury, which was made public towards the end of Trump's presidential campaign in 2016. It is argued that the footage, in which he bragged about grabbing women's genitals without permission, is "highly relevant" in terms of his motivation in paying the hush money to Daniels.

Prosecutors claim the release of the footage, which was followed by a swarm of women coming forward to accuse Trump of sexual assault, hastened his efforts to keep negative stories out of the press, leading to one of the hush-money arrangements at the centre of the case. Assistant District Attorney Matthew Colangelo wrote: "The release of the tape - and the accompanying concerns about its possible impact on the election - are thus directly related to the Stormy Daniels payoff, which was executed just a few weeks later, reports ABC News.

Prosecutors ask for Donald Trump gag order ahead of hush-money trialNew York District Attorney is asking for a gag order to be put in place


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However, Trump's legal team rejected the suggestion of showing the "inflammatory" video to jurors in their own filings. It read: "Given the Access Hollywood recording's inherent prejudice and extremely limited probative value, the Court should preclude evidence regarding the recording at trial," and that it, "has no place at this trial about documents and accounting practices."

Judge Juan Manuel Merchan didn't immediately issue a ruling on the requests. Jury selection is scheduled to begin on March 25, and, barring any last-minute delay, it will be the first of Trump's four criminal cases to go to trial.

Prosecutors ask for Donald Trump gag order ahead of hush-money trialProsecutors have argued Trump has previously made public and inflammatory remarks in court cases (AFP via Getty Images)

Trump criticized Bragg and Judge Juan Merchan on top of witnesses, including Trump's former personal attorney and fixer Michael Cohen. Prosecutors said the defendant, "has a long history of making public and inflammatory remarks about the participants in various judicial proceedings against him, including jurors, witnesses, lawyers and court staff. In addition, Trump's comments, "pose a significant and imminent threat to the orderly administration of this criminal proceeding."

Other filings made by the prosecution include seeking a ruling to block certain defence experts and arguments at trial, such as that Trump was targeted due to "selective prosecution", while permitting evidence related to uncharged crimes. Imposing a gag order on Trump would add to restrictions put in place after his arraignment last April that saw him prohibited from using evidence in the case to attack witnesses.

Prosecutors are also proposing the names of jurors be kept from the public to "minimise obstacles to jury selection, and protect juror safety." Without limits, prosecutors said, Trump's rhetoric would "create a significant and imminent threat to the trial by distracting personnel, diverting government resources, and delaying the administration of justice."

Steven White

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