A New York judge presiding over former President Donald Trump’s hush money trial has ordered that the identities of jury members be kept private, citing risks of jury tampering or harassment.
The jurors’ residential and business addresses will likewise be kept private, except to counsel for either party.
“Although the parties herein disagree as to the basis for such an order, they do agree that a protective order is appropriate,” the judge stated in his ruling.
“Having considered the arguments advanced by the People in their motion and by Defendant in his response, this Court concurs that a protective order is necessary,” he added.
Mr. Merchan ruled prosecutors have demonstrated that the former president has “an extensive history of publicly and repeatedly attacking trial jurors and grand jurors.”
Court to Take ‘Reasonable Precautions’
Previously, defense attorneys argued that the prosecutors have presented a narrative without legal basis that paints President Trump’s right to personal and political speech as a “risk,” and that their basis for a protective order could actually prejudice jurors.They further argued that the court should issue a protective order to limit disclosure of jury information, but that if jurors raise questions about protective measures they should be provided “a neutral explanation” that does not implicate President Trump and emphasizes the presumption of innocence.
Mr. Merchan stated in his ruling that “the court will take reasonable precautions to minimize any potential prejudice to either party.”
“The precautions may include, but [are] not limited to, not disclosing the existence of the protective measures unless absolutely necessary to allay juror concerns, providing neutral explanations for the procedures, and giving appropriate jury instructions,” he said.
Gag Order on Trump
The judge has not yet ruled on prosecutors’ request for a gag order on President Trump that would prohibit him from making statements about people involved in the case, including high-profile individuals and key witnesses.His lawyers, responding in court papers Monday, said a gag order would hinder his ability to “respond to public attacks relating to this case” while foes including his former lawyer Michael Cohen are free to criticize him in TV appearances and on social media.
They suggested that the prosecution’s request is intended to muzzle President Trump, the leading Republican presidential candidate, at a critical time in his campaign.
“American voters have the First Amendment right to hear President Trump’s uncensored voice on all issues that relate to this case,” the lawyers wrote.
The trial has been set for March 25. This marks the first time an American president, sitting or former, has been brought to court for criminal prosecution.
President Trump was indicted last April on 34 counts of mishandling business documents. He pleaded not guilty to all charges.
The case centers on allegations that President Trump falsified internal records kept by his company to hide the true nature of payments to Mr. Cohen after he paid adult film star Stormy Daniels $130,000 as part of an alleged effort during his 2016 presidential campaign to bury claims he’d had extramarital sexual encounters.
