The Boston Globe

Trump post disparages Cohen and Daniels

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NEW YORK — Days after a New York judge expanded a gag order on Donald Trump to curtail “inflammato­ry” speech, the former president tested its limits by disparagin­g two key witnesses in his upcoming New York criminal trial as liars.

In a post on his Truth Social platform Wednesday, Trump called his former lawyer, Michael Cohen, and the adult film actress Stormy Daniels “two sleaze bags who have, with their lies and misreprese­ntations, cost our Country dearly!”

In an order first made in March, and then revised on

April 1, Judge Juan Merchan barred Trump from making public statements about probable trial witnesses “concerning their potential participat­ion in the investigat­ion or in this criminal proceeding.”

Merchan’s order didn’t give specific examples of what types of statements about witnesses were banned. He noted the order was not intended to prevent the former president from responding to political attacks.

The gag order also barred Trump from making public statements of any type about jurors, court staff, lawyers in the case, or relatives of prosecutor­s or of the judge. Trump is allowed to make critical comments about the judge himself and Manhattan District Attorney Alvin Bragg.

It was unclear whether the judge might consider Trump’s criticism of Cohen and Daniels a violation of the gag order.

Both are expected to testify in the trial, which involves allegation­s that Trump falsified business records at his company by classifyin­g as “legal fees” payments he made to Cohen to reimburse him for a $130,000 payment Cohen made to Daniels. The payment, Cohen says, was intended to keep Daniels from talking publicly about an alleged sexual encounter with Trump that the Republican says never happened.

Gregory Germain, a professor at Syracuse University College of Law, described the latest post as a “close call” unlikely to result in Trump being held in contempt.

“I suspect he’d argue that he criticized their general character and was not commenting on their ‘potential participat­ion’ in the investigat­ion or proceeding,” Germain said.

But Stephen Gillers, a professor at New York University Law School, said Trump’s comment “brands the two witnesses as liars, which goes to the heart of what the order forbids.”

“That’s exactly what a gag order doesn’t want you to do before trial when a potential jury could be influenced,” he said.

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