Hush money judge risks 'taking Trump's bait' with gag order ruling: legal expert

Two weeks before the expected start of Donald Trump's hush money case, the former president faces a gag order battle that could be the trial judge's bait, a legal expert said Monday.

Former federal prosecutor Norm Eisen believes New York Judge Juan Merchan could very likely acquiesce to Manhattan District Attorney Alvin Bragg's request to tighten the terms of the gag order against the former president, but warned of concerns.

"I think it's a close question whether the judge does expand the gag order," said Eisen while appearing on CNN. "He would be on sound constitutional grounds to do it."

The request comes as the April 15 trial start date looms and after Trump targeted the judge and his daughter in a flurry of Truth Social posts ridiculing their impartiality and dubbing the young woman a “rabid Trump hater.”

If the gag order — which is restricted for now to witnesses, court staff, and jury members — were to widen, Eisen wonders if it could backfire.

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In sum, putting more restrictions in place could ultimately suggest bias, Eisen argued. That may be why Merchan has been loath to do so.

"The judge may feel... that if he extends it further, he's taking Trump's bait," Eisen noted. "He's making himself look like he's partially protecting his daughter. So he's wrestling with that. He hasn't ruled yet."

Eisen then made it clear why gag orders are essential in trials, stating "the gag orders are very important because of the risk to witnesses, to members of the jury, to court personnel that can disrupt an entire trial.

"We need those protections, but we'll see if the judge takes another step."

Gag orders are familiar fare for Trump.

He was already issued a gag order in his D.C. election interference case back in October — an order that has largely been upheld by a federal appeals panel, though it minimized the speech restrictions, saying Trump was allowed to criticize the special counsel who brought the case.

During his civil fraud case in New York, where Trump insulted Justice Arthur Engoron's court clerk led to a gag order that was upheld on appeal.

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