According to political scientists interviewed by Newsweek, New York Supreme Court Judge Juan Merchan may not have the authority to stop Republicans from criticizing witnesses in the criminal trial of former President Donald Trump.
Due to a gag order imposed by Merchan, the former president is unable to publicly comment on witnesses, jurors, or other individuals involved in the case. However, on Monday, two Republican senators attended the Manhattan trial and shared their perspectives with the media.
Trump has been on trial for the last four weeks, facing 34 felony charges related to hush money payments made before the 2016 presidential election. He has consistently maintained his innocence and claimed that the case is a politically motivated witch hunt targeting him. When contacted by Newsweek, Trump’s team did not immediately respond for comment.
Republicans Attend the Trial
Many people on social media have pointed out that Republican surrogates are being used to bypass the gag order, allowing them to criticize Judge Merchan despite Trump’s inability to do so directly. This was evident when Trump himself took aim at Merchan in comments made outside the court on Monday.
Entrepreneur and former Republican presidential candidate, Vivek Ramaswamy, is scheduled to appear in court with Trump this Tuesday. Additionally, Speaker of the House Mike Johnson will also be present for the proceedings.
In a lengthy post on X, formerly known as Twitter, Ramaswamy expressed his strong views on the trial, referring to it as a “sham” and a “politically motivated assault.” According to him, the trial was authorized by Joe Biden, Ramaswamy’s political opponent, and executed by high-ranking officials in the White House and the Department of Justice.
Ramaswamy criticized the trial, stating that it was a disgrace to American democracy. He emphasized that no one had any understanding of what the supposed crime even entailed.
On Monday, several Republicans, including Senators J.D. Vance of Ohio and Tommy Tuberville of Alabama, participated in the trial. Vance took the opportunity to voice his criticism of Michael Cohen, the former lawyer of Donald Trump.
According to Vance, this individual is a convicted felon who confessed during his testimony that he covertly recorded his previous employer. He claims to have done this only once, supposedly to assist Donald Trump.
“Does anyone genuinely believe anything that comes out of Michael Cohen’s mouth?” he quipped.
On Monday, Cohen, who is regarded as a crucial witness for the Manhattan District Attorney’s Office, testified in court.
According to Tuberville, the courtroom was the “most depressing thing I’ve ever been in.”
“The senator stated that there is an attempt to impose mental anguish on the Republican candidate for the presidency of the United States.”
On Monday, the courthouse saw the presence of Representative Nicole Malliotakis, Iowa Attorney General Brenna Bird, and Alabama Attorney General Steve Marshall.
Ron Filipkowski, the editor-in-chief of MeidasTouch, expressed his thoughts on the matter, stating that Trump’s strategy involves having different Members of Congress attend the trial, sit through a 45-minute session, and subsequently violate the gag order on his behalf in front of the cameras.
MeidasTouch is a pro-democracy news network, founded by the same individuals behind the MeidasTouch political action committee (PAC) that actively campaigned against Trump’s bid for reelection in 2020.
Trump’s ‘Dirty Work’
According to Gift, Trump consistently relies on his surrogates to handle unethical business dealings or tamper with a jury pool.
“The truly astonishing aspect is the sheer number of GOP followers he has amassed, who are ready and eager to carry out his every command. It is astounding to witness the extent to which certain Republican politicians are willing to go in order to defend their party’s leader, despite his consistent disregard for the fundamental principles of law and order,” Gift commented.
The Gag Order
According to Mark Shanahan, an associate professor in politics at the University of Surrey in the United Kingdom and co-editor of “The Trump Presidency: From Campaign Trail to World Stage,” Judge Merchan has limited power when it comes to Republicans’ public comments on the trial.
According to Shanahan, the Trump team has found a clever way to bypass the gag order on the ex-president by bringing loyal members of Congress to the New York courtroom. This strategy may be effective, although it might only be a temporary solution.
“He stated that while the former president, as the defendant, is obligated to follow judicial rules, his surrogate commentators are not bound by the same restrictions. They can continue freely as long as they remain within the limits set by the judge.”
According to Shanahan, as long as the comments made by the individuals are not perceived to be influenced by Trump, their words are not subject to Justice Juan Merchan’s gag order. This means that they are able to criticize all aspects of the trial in a way that the defendant cannot.
Shanahan continued, “We are accustomed to surrogates speaking on behalf of political candidates.”
“It’s quite a twist to see lawmakers using legal loopholes during a legal action,” he remarked. “The judge is undoubtedly aware of what’s happening, but their options to address this surrogacy issue are limited unless they find a legal way to broaden the gag order. However, that won’t be an easy task and will certainly face opposition.”
