Judge Should Impose Monitor for Trump’s Social Media: Legal Analyst

New York State Supreme Court Justice Juan Merchan, presiding over Donald Trump’s criminal hush money trial, should impose a monitor for the ex-president’s social media posts amid his gag order, legal analyst and former federal prosecutor Andrew Weissmann said.

Trump, the presumptive 2024 Republican presidential nominee, last week became the first former president in U.S. history to stand trial in a criminal case. Following an investigation by Manhattan District Attorney Alvin Bragg’s office, Trump was indicted in March 2023 on charges of falsifying business records relating to hush-money paid to adult-film star Stormy Daniels during his 2016 presidential campaign. Trump has pleaded not guilty to all charges and said the case against him is politically motivated.

In March, Merchan imposed a gag order on Trump, barring him from making public statements about witnesses as well as lawyers and staff in the case and their families. The order excluded Merchan and Bragg, but it was later expanded to include Merchan and Bragg’s families after Trump made blistering attacks toward the judge’s daughter, Loren Merchan.

On Tuesday, amid Trump’s second week of trial, Merchan heard arguments from the prosecution over whether Trump potentially violated the gag order.

Following the hearing, Weissmann took to X, formerly Twitter, to suggest Merchan should impose a monitor to screen Trump’s social media in an effort to stop the former president from violating the gag order.

“If Judge Merchan doesn’t want to put Trump in jail now for contempt, he should impose a monitor now to screen his social media so they don’t violate the gag order.”

However, Dave Aronberg, state attorney for Florida’s Palm Beach County and legal expert, disagreed, telling Newsweek via email that it would be difficult to set up an efficient system to screen the former president’s every statement, but warned that there should be an increase in consequences for Trump violating his gag order.

“I don’t think a court-appointed monitor is necessary. Aside from First Amendment concerns, it would be difficult, if not impossible, to set up an efficient screening system for every Trump statement. Trump can say what he wants, but there should be real consequences for violating the gag order. Currently, the consequences have been minor, but that should increase with every future violation. Trump should be treated like every other defendant when it comes to obeying the court,” Aronberg told Newsweek in a statement.

In addition, Barbara McQuade, legal analyst and former U.S. attorney, supported Aronberg’s stance, adding that gag orders are not unusual, but Trump should comply, and if in violation, face sanctions.

“I don’t think a monitor screening Trump’s social media would be a practical solution. Gag orders are not unusual in high profile cases. In fact, most often, they are even more stringent than the one in this case. Parties are told not to talk about the case outside of the courtroom. Period. The gag order here is clear, and Trump should comply. If he fails to do so, he should be subjected to sanctions, just like anyone else,” McQuade said in an email to Newsweek.

Others also weighed in, by responding to Weissmann. MSNBC host Katie Phang wrote on X, “Can you imagine that job?? Having to screen/vet Trump’s social media posts before he puts them out for public consumption???”

X user Polly Sigh wrote,”Trump would absolutely hate this. It’s perfect!”

Weissmann’s comments came after prosecutors argued to Merchan on Tuesday that Trump has repeatedly violated the gag order and presented 10 posts, eight on Truth Social and two from Trump’s campaign website. They asked the court to fine Trump the maximum $1,000 apiece for the 10 posts and to order their removal.

The defense argued that there was “absolutely no willful violation” of the gag order.

Merchan did not issue a ruling before court adjourned for the day.