On May 30, 2024, former President Donald Trump was convicted on 34 felony charges of falsifying business records in the state of New York. During the trial, Judge Juan Merchan put Trump under a gag order March 26. He repeatedly violated that gag order, Merchan fining him $10,000 for said violations over the course of the trial.
On May 31, Trump held a press conference addressing the trial and his conviction. During that press conference, he claimed, “I’m under a gag order. Nasty gag order,” even though he has now been convicted.
THE QUESTION
Is Donald Trump still under a gag order even though he has been convicted?
THE SOURCES
Michael Bloch, a partner at law firm Bloch & White LLP
Cato Institute Senior Vice President for Legal Studies Clark Neily
Justia, a legal information resource
THE ANSWER
Yes, Trump is still under a gag order, even after his conviction.
WHAT WE FOUND
Gag orders prohibit certain people involved in a trial from talking about a case in public. In Trump’s case, he was barred from speaking about jurors, witnesses and some others connected to the trial. That gag order still stands, because the judge has not yet lifted it, and the case is not yet completed.
“The gag order remains in effect until Judge Merchan lifts it (which he has not done) or the trial court loses jurisdiction of the case by virtue of Trump filing an appeal following his sentencing on July 11,” Cato Institute Senior Vice President for Legal Studies Clark Neily told VERIFY.
The July 11 sentencing proceeding is still a part of the case. That’s because criminal cases still have two more steps after the trial, according to Justia, a legal information resource. Those steps are sentencing and the appeals process.
“The judge has discretion in this area. And I think the thing to remember is that this case is not over. There is a very important sentencing proceeding that will happen on July 11,” Michael Bloch, a partner at law firm Bloch & White LLP, told VERIFY.
“I don't think there's anything typical about this case, but the judge does have wide discretion and the case is not over with a guilty verdict,” Bloch said. “There are more proceedings to come.”
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