Donald Trump Gag Order Could Land Former President in Jail

• Legal experts are speculating that a gag order against Donald Trump could be issued, which could limit his ability to discuss the Manhattan hush money case or verbally attack prosecutors.
• Violating the order could land Trump in jail for contempt of court.
• The gag order also could restrict Trump's defense team from having flexibility in arguing his case in court.

Legal experts are speculating that a judge-issued gag order barring Donald Trump from discussing his trial in the Manhattan hush money case or verbally attacking prosecutors could land the former president in jail before the trial begins.

Trump became the first former or current president in U.S. history to face criminal charges after a Manhattan grand jury voted last week to indict him in connection with an alleged payment made to silence former adult film star Stormy Daniels before the 2016 election. Trump denies any wrongdoing in the case, including Daniel's claim that they had an affair. He is expected to enter a not guilty plea at his arraignment, which is scheduled for 2:15 p.m. Tuesday.

Trump, who often takes to social media such as Truth Social, his own platform, to air his grievances, could be barred from doing so if a judge issues a gag order. Dave Aronberg, a Palm Beach County, Florida, state attorney, told Newsweek if the judge were to implement a gag order against Trump, it would likely take place during Tuesday's arraignment.

Asked about the possibility of a gag order against Trump, a spokesperson for New York state's Supreme Court told Newsweek the indictment was a pending criminal matter and therefore the person did not wish to comment "on wild speculation and unsubstantiated claims."

Aronberg said the gag order, which limits a defendant's ability to say certain things, could restrict Trump from discussing any aspect of the trial. Or he could be hit with a partial gag order that restricts him from speaking about prosecutors or the judge.

But Aronberg doubts Trump will be able to abide by the rules, especially ones that restrict him from verbally attacking the prosecution.

Some experts believe Trump has already shared too much about the charges on Truth Social, which could hurt him during the trial. A gag order could be a blow to Trump's legal team, as Trump has not shown an "ability to muzzle himself," according to Aronberg.

Former federal prosecutor Michael McAuliffe told Newsweek that Trump's "inability to remain silent" could extinguish any advantage his legal team might have with a gag order. If Trump abides by the order, it could keep him from possibly incriminating himself with his social media posts.

But if Trump is unable to abide by the order, he could be held in contempt of the court, a jail-worthy offense.

"In addition, Trump's continuing attempts to publicly influence the course of the case against him—just last week he was praising the Manhattan grand jury when he thought it might not vote to indict him—could lead to obstruction charges and will significantly reduce or eliminate the chance of success for any motion to change venue," McAuliffe said.

Todd Berger, a Syracuse University law professor, said a number of things could happen if Trump violates a gag order. The former president could say something incriminating on social media that is used against him in court, even if he doesn't testify. If he does testify, any of Trump's statements outside of court that are inconsistent with his testimony could be used against him.

Or he could limit his attorneys to a certain defense, something that Berger expects would not be good news to Trump's legal team, which likely wants "as much flexibility as possible" when arguing Trump's case in court.

"Of course, a problem with a gag order is that he might not be able to follow it. Consequently, his attorneys might have to consistently worry about whether he will be held in contempt of court for violating the order," Berger told Newsweek.

It is unclear when Trump's trial will take place, but experts have speculated that his legal team could delay it until after the 2024 presidential election. Trump is among several candidates seeking the GOP's nomination or contemplating a run.