Trump Goads Judge Merchan into Gagging Him

That Merchan’s decision was predictable doesn’t make it right.

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Former president Donald Trump speaks after attending a wake for New York City Police Department officer Jonathan Diller in Massapequa Park, N.Y., March 28, 2024.

Shannon Stapleton/Reuters

The collision of electoral politics and the administration of justice continues. In fact, it’s combusting. This is the first of two columns on that.

On Tuesday afternoon, Judge Juan Merchan slapped a gag order on Donald Trump. Now, when a conservative commentator uses that expression, “gag order,” to describe a restriction on speech imposed by a Democratic judge on a figure reviled by progressives — and no such figure is more reviled than Trump — there is precious Lawyer Left carping about how the target has not been literally gagged or compelled to stay mum, just restricted in what he may say. Saying “gag order” is almost as bad as saying “bloodbath” or “spying.” So to be clear, I mean “gag order” in the common understanding — limitations have been imposed on the de facto Republican presidential nominee that exceed both what free-expression principles would ordinarily abide and what progressives would tolerate if the defendant were a Democrat courageously speaking truth to power.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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