The Manhattan Supreme Court judge who is overseeing the New York hush money trial against Donald Trump issued a ruling on Monday to expand the gag order against the former president.
The initial gag order in the case limited Trump’s public remarks about jurors, witnesses, and “family members of any counsel or staff member,” and the updated version now extends to the family of Merchan and Manhattan District Attorney Alvin Bragg.
The decision came on the heels of Trump posting on social media about Merchan’s adult daughter, Loren Merchan, who is an executive at a progressive consulting firm. “Judge Juan Merchan is totally compromised, and should be removed from this TRUMP Non-Case immediately,” Trump posted last Thursday. “His Daughter, Loren, is a Rabid Trump Hater, who has admitted to having conversations with her father about me, and yet he gagged me.”
He shouldn’t be allowed to go after a judge’s minor children, but this woman is an adult and a professional political operative who makes her living getting people like Rep. Adam Schiff (D-CA) re-elected. Why can’t he talk about that?
‘These Are Not Threats’
I feel the need to say this: I was on the receiving end of this guy’s threats for a year, and I understand acutely how disruptive it can be to one’s life, and one’s children, and one’s safety. I genuinely get it.
I do feel for those who are on the receiving end of it, whether it is the judge’s daughter, Michael Cohen, or Stormy Daniels. I want my audience to remember that, too. I want you to remember that just because you may love Trump, it doesn’t mean it is appropriate for him to be threatening anybody.
But these are not threats. What I see here are criticisms and attempts to diminish the credibility of the people who are going to come for him – like Cohen, like Stormy – and that is fair game. If they are going to take the stand and come for him in a criminal setting, they have to expect that he is going to have thoughts on those accusations and their behavior.
‘We’ve Crossed the Rubicon’
If I were the judge, I would not allow threats, but I would allow him to attack the daughter. I would. I would say, ‘If you want to attack my daughter, it’s unfortunate and I hope you don’t do that, but okay. If you start threatening her or any other witness in this case, however, we’re going to have a problem.’
I’d also say, ‘If my daughter attacks you first or if a witness attacks you first publicly, then go for it.’ Michael Cohen is all over the media. He has access to MSNBC and CNN all day. He’s got a big voice, and he uses it. Why isn’t he banned from going on MSNBC? He is a witness.
Stormy Daniels just had a whole documentary made about her and her relationship with Trump. It is being aired right now. She was on The View two weeks ago. That’s fine, but Trump has to sit there and just say, ‘She’s an angel… I’ve got no thoughts on her’?
I would not allow them to be out there publicly attacking Trump every night on the airwaves. The judge is too close to this. I’m sorry that your daughter became a political operative and ruined your chances of trying this case, but I think this judge should be gone. I think this is actually a legitimate issue.
I have empathy, truly, for the daughter. It is okay to be in Democratic or Republican politics while your father is a judge. It shouldn’t really make her a direct Trump target. But that’s the world we live in. We’ve crossed the Rubicon and are indicting former presidents and would-be presidents. Here we are.
‘Keeping it Fair’
This is not about loving Trump. This is about watching what is being done to him and understanding that there is a reality here of which the judge is very aware.
Merchan can’t both take into account Trump’s power to upend his daughter’s life with a mean tweet and then not take into account the reason he has that power. It is because he is the likely Republican nominee for president, which is why he must respond to these public attacks publicly.
It is not about intimidating witnesses. It is about keeping the playing field for the nation and the contest that Trump is in fair.
You can check out Megyn’s full analysis by tuning in to episode 755 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s Triumph (channel 111) weekdays from 12pm to 2pm ET.