But the prosecutors may face similar challenges with more than one potential witness. Trump’s attorneys obviously represent a client whose public statements present unique challenges. Judge Merchan’s warning to Trump to avoid making any statements that could incite violence or “civil unrest” does leave the door open for prosecutors to enter a motion asking for a gag order in the future – something that seems likely given Trump’s recent comments and social media posts.Īs a criminal defense attorney, I always advise my clients to avoid speaking publicly about their cases or posting about them on social media. So I was not surprised that Judge Merchan declined to impose one on Trump, at least for now. But while it is true that gag orders in high-profile cases in federal court are common, in state court they are rare. In the days leading up to Tuesday’s arraignment, many legal commentators predicted Judge Merchan might issue an order barring Donald Trump from discussing the case for the rest of his 2024 campaign. Unlike Trump, my clients have not been released and told to just come back eight months later.Īlthough this makes Donald Trump’s case – in which he won’t have to appear in person again until December 4 (and maybe not even then!) – unusual for this court, it’s worth remembering the impact that any appearances he makes in this or any of his potential cases could have on other people going through legal proceedings.Įven when an effort is made, as happened on Tuesday, to try to limit the number of hearings and arraignments that are delayed for security reasons while Trump is in court, other cases will always be impacted when he appears in court in person–which could mean anything from people having to spend more time at Rikers to delays in custody proceedings. For most people who are prosecuted by the Manhattan DA’s office, these challenges are compounded over time, as many are forced to appear in court almost monthly – sometimes for years – for hearings or trials in their cases.
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They also need to figure out how to cover the costs of bills and rent and they have to communicate with employers about missing work. Most of my clients have very little – if any – time to sort out a myriad of daunting challenges, like making arrangements for children, elderly parents, and pets. Typically, this happens early in the morning, which means many are still in their pajamas when they are arrested.
Those who do receive advance warning that there is a warrant out for their arrests are usually only given a day or two to turn themselves in before the police show up at their homes. While there were unprecedented security and logistical arrangements involved in this arrest of a former president, the vast majority of my clients are brought to court straight from the scene of their arrests. One major difference between Donald Trump’s experience and that of other people charged in this court is the amount of time the former president was given to surrender. As a career public defender who has represented thousands of people at their arraignments in the very same court and who ran against Alvin Bragg for Manhattan District Attorney in 2021, I have a lot to say.Ĭomparing this case to the cases of my clients, who are often among the poorest and most vulnerable New Yorkers, might seem like comparing apples and oranges, but as we saw earlier this week, Trump is still “the defendant” in the case of the People of the State of New York v. On Tuesday, former President Donald Trump was arraigned on a 34-count felony indictment in Manhattan.
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