Donald Trump went on a social media tear leading up to his indictment this week, attacking the hush money probe he’s charged in and Manhattan District Attorney Alvin Bragg, warning of “death & destruction” and issuing a call to action: “PROTEST, TAKE OUR NATION BACK!”
It’s the kind of bombastic language the former president is known for online and on the campaign trail. But it’s also the type of inflammatory rhetoric and case-specific commentary that has landed defendants and their lawyers — including some of Trump’s associates — in trouble with judges.
Whether Trump could face an order restricting what he says about the Manhattan case or in any future federal or state prosecution isn’t clear. Lawyers who have dealt with court-imposed limits on speech, often referred to as gag orders, say the former president should be wary of giving judges cause for concern. But the experts also warn that courts are entering complicated First Amendment territory given Trump’s status as a presidential candidate.
