Connect with us

World

What a judge's gag order on Trump means in his hush money case

Published

on

What a judge's gag order on Trump means in his hush money case

NEW YORK (AP) — Virtually every day of his hush money criminal trial, former President Donald Trump talks about how he can’t talk about the case.

A gag order bars Trump from commenting publicly on witnesses, jurors and some others connected to the matter. The New York judge already has found that Trump, the presumptive Republican nominee for president, repeatedly violated the order, fined him $9,000 and warning that jail could follow if he doesn’t comply.

But the order doesn’t stop Trump from talking about the allegations against him or commenting on the judge or the elected top prosecutor. And despite a recent Trump remark, it doesn’t stop him from testifying in court if he chooses.

As he fights the felony charges against him while running for president, Trump has at times stirred confusion about what he can and can’t do in the case. He has pleaded not guilty.

So what does the order do, what doesn’t it and where did it come from?

Advertisement

WHAT IS A GAG ORDER?

Generally speaking, a gag order is a judge’s directive prohibiting someone or people involved in a court case from publicly commenting about some or all aspects of it. In Trump’s case, it’s titled an “Order Restricting Extrajudicial Statements,” with “extrajudicial” meaning outside of court.

Gag orders, particularly in high-profile cases, are intended to prevent information presented outside a courtroom from affecting what happens inside.

Trump also is subject to a gag order in his federal criminal election interference case in Washington. That order limits what he can say about witnesses, lawyers in the case and court staff, though an appeals court freed him to speak about special counsel Jack Smith, who brought the case.

In his recent New York civil fraud trial, Trump was fined a total of $15,000 for comments he made about that judge’s law clerk after a gag order barred participants in the trial from “posting, emailing or speaking publicly” about the court’s staff.

The U.S. Supreme Court has acknowledged that gag orders can pit fair trial rights against free speech rights. The court has struck down some orders that barred the press from reporting on certain cases or court proceedings and rejected as too vague a Nevada court rule that limited what all lawyers could say out of court.

Advertisement

IS TRUMP FIGHTING THE GAG ORDER?

Yes. Before the trial, he asked a state appeals court to postpone the trial while he appeals the gag order, but the court refused. His appeal of the order itself is ongoing.

WHO IS COVERED BY THE GAG ORDER ON TRUMP?

Initially imposed March 26, the gag order bars Trump from making or directing others to make public statements about any juror and about any “reasonably foreseeable” witness’ participation in the investigation or the trial.

It also bars any statements about lawyers in the case, court staffers, prosecution aides and relatives of all of the above, to the extent that the statements are intended to “materially interfere with, or to cause others to materially interfere with” their work on the case “or with the knowledge that such interference is likely to result.”

The order doesn’t apply to Judge Juan M. Merchan or to Manhattan District Attorney Alvin Bragg, whose office is bringing the case. It does apply to comments about their family members, however. Merchan added that provision on April 1 after Trump lashed out on social media at the judge’s daughter, a Democratic political consultant, and made a claim about her that was later repudiated by court officials.

Trump is also allowed to talk about his political opponents, as Merchan made clear on Thursday.

Advertisement

The order also doesn’t bar witnesses from commenting on Trump. Michael Cohen, Trump’s ex-lawyer and an expected witness, has routinely attacked his former boss, leading Trump to complain about not being able to respond in kind.

CAN TRUMP TESTIFY?

Yes. The U.S. Supreme Court has held that criminal defendants have a constitutional right to take the stand in their own defense — or not to.

There was some confusion after Trump said Thursday that because of the gag order, he was “not allowed to testify.” In context, it appeared he was actually referring to his ability to respond to a reporter’s court-hallway question about a witness’ testimony that afternoon.

Trump clarified to reporters Friday that he understood the order wasn’t a bar on testifying. Merchan emphasized the same in court.

“I want to stress, Mr. Trump, you have an absolute right to testify at trial, if that’s what you decide to do after consultation with your attorneys,” Merchan said.

Advertisement

WHY DID TRUMP GET FINED? WHAT CAN’T HE SAY?

Merchan found that Trump violated the gag order with social media posts that laid into Cohen. Among the offending posts: one that asked whether “disgraced attorney and felon Michael Cohen been prosecuted for LYING,” a repost of a New York Post article that described Cohen as a “serial perjurer,” and a Trump post referring to Fox News host Jesse Watters’ claim that liberal activists were lying to infiltrate the jury.

Merchan noted that Trump’s comment on the Watters segment misstated what the host had actually said, making the comment “the words of Defendant himself.”

On the other hand, Merchan declined to sanction Trump for an April 10 post that referred to Cohen and Stormy Daniels, the porn performer who got a $130,000 hush money payment that’s at the heart of the case, as “sleaze bags.”

Trump contended that he was responding to previous comments by Cohen, and the judge said the back-and-forth gave him pause as to whether that post met the bar for a violation.

COULD TRUMP REALLY GO TO TO JAIL OVER THE GAG ORDER?

When Merchan fined Trump $1,000 apiece for nine violations — the maximum fine allowed by law — he wrote that “jail may be a necessary punishment” for some wealthy defendants who won’t be deterred by such a sum.

Advertisement

Merchan added that he “will not tolerate continued willful violations” of the gag order and that, if “necessary and appropriate,” he “will impose an incarceratory punishment,” meaning jail.

It’s unclear what would rise to the level of “necessary and appropriate.”

Defense lawyer Todd Blanche indicated in court Friday that he plans to appeal the judge’s finding this past week that Trump violated the gag order.

Prosecutors have asked Merchan to hold Trump in contempt again and fine him $1,000 for each of four alleged violations from April 22-25. But the prosecution isn’t asking for the former president to be locked up over those comments because they happened before Merchan’s jail warning and because “we’d prefer to minimize disruption to this proceeding,” prosecutor Christopher Conroy said.

Advertisement

World

Oil prices rise anew after a US-Iran standoff in the Strait of Hormuz strands tankers

Published

on

Oil prices rise anew after a US-Iran standoff in the Strait of Hormuz strands tankers

NEW YORK (AP) — Oil prices rose in early trading Sunday as a standoff between Iran and the U.S. prevented tankers from using the Strait of Hormuz, the Persian Gulf waterway that is crucial to global energy supplies.

The price of U.S. crude oil increased 6.4% to $87.90 per barrel an hour after trading resumed on the Chicago Mercantile Exchange. The price of Brent crude, the international standard, climbed 5.8% to $95.64 per barrel.

The market reaction followed more than two days of lifted hopes and dashed expectations involving the strait. Crude prices plunged more than 9% Friday after Iran said it would fully reopen the strait, which it effectively controls, to commercial traffic.

Tehran reversed that decision and fired on several vessels Saturday after President Donald Trump said a U.S. Navy blockade of Iranian ports would remain in effect. On Sunday, Trump said the U.S. attacked and forcibly seized an Iranian-flagged cargo ship that allegedly tried to get around the blockade. Iran’s joint military command vowed to respond.

Sunday’s higher prices wiped out much of the declines seen Friday, signaling renewed doubts about how soon ships will again transport the vast amounts oil the world gets from the Middle East.

Advertisement

The US-Israeli war against Iran, now in its eighth week, has created one of the worst global energy crises in decades. Countries in Asia and Europe that import much of their oil from the Gulf have felt the most impact of halted supplies and production cuts, although rapidly rising gasoline, diesel and jet fuel prices are affecting businesses and consumers worldwide.

Asked when he thought U.S. motorists would again see gas cost less than $3 a gallon on average, Energy Secretary Chris Wright said prices at the pump might not go down that much until next year.

“But prices have likely peaked, and they’ll start going down,” Wright told CNN’s “State of the Union” on Sunday.

The price of crude oil — the main ingredient in gasoline — has fluctated dramatically since the U.S. and Israel attacked Iran on Feb. 28, and as Iran retaliated with airstrikes on other Gulf states. Crude traded at roughly $70 a barrel before the conflict, spiked to more than $119 at times, and previously closed Friday at $82.59 for U.S. oil and $90.38 for Brent.

Industry analysts have repeatedly warned that the longer the strait is closed, the worse prices could get.

Advertisement

A fragile, two-week ceasefire between the U.S. and Iran is set to expire Wednesday, while escalating tensions in the Strait of Hormuz puts the fate of new talks to end the war into question.

Even if a lasting deal to reopen the Strait of Hormuz emerges, analysts say it could take months for oil shipments to return to normal levels and for fuel prices to go down. Backed-up tanker traffic, shipowners concerned about another sudden escalation, and energy infrastructure damaged during the war are factors that could impede production and shipment volumes from returning to pre-war levels.

A gallon of regular gas cost an average of nearly $4.05 a gallon in the U.S. on Sunday, according to motor club federation AAA. That’s about 8 cents lower than a week ago, but far higher than $2.98 before the war.

Advertisement
Continue Reading

World

Distress call captures tanker under fire, Iran shuts Hormuz trapping thousands of sailors

Published

on

Distress call captures tanker under fire, Iran shuts Hormuz trapping thousands of sailors

NEWYou can now listen to Fox News articles!

Hundreds of commercial tankers are stranded on both sides of the Strait of Hormuz after Iran shut the critical chokepoint on April 18, halting traffic and leaving crews trapped amid reports of gunfire and “traumatic experiences” on board.

Advertisement

The Strait of Hormuz is considered an international waterway under international law, through which ships have the right of transit passage, according to the United Nations Convention on the Law of the Sea (UNCLOS).

Roughly one-fifth of the world’s oil supply passes through the Strait of Hormuz, making it a critical chokepoint for global energy markets, according to the U.S. Energy Information Administration.

The U.K. Maritime Trade Operations (UKMTO) said Iranian gunboats opened fire on a tanker the same day, while a projectile struck a container vessel, damaging cargo.

STARMER AND MACRON ACCUSED OF ‘PLAYING AT BEING RELEVANT’ WITH STRAIT OF HORMUZ PLAN

U.S. Central Command said Tuesday that “U.S. Navy guided-missile destroyers are among the assets executing a blockade mission impacting Iranian ports.” (CENTCOM)

Advertisement

Audio released by maritime monitoring group TankerTrackers appears to capture the moment a vessel and its crew came under fire while approaching the strait, including a distress call from a crew member.

“Sepah Navy! Motor tanker Sanmar Herald! You gave me clearance to go… you are firing now. Let me turn back!” the crew member can be heard saying in the recording, according to TankerTrackers.

Iranian state media confirmed that shots were fired near vessels to force them to turn back, while the Ministry of External Affairs of the Government of India said the foreign secretary was deeply concerned.

Hapag-Lloyd, the world’s fifth-largest container shipping line, told Fox News Digital that it had activated a crisis team as its crews remain stuck on board vessels in the region.

“We have been working from Friday afternoon until today with the entire crisis team to bring the vessels out — in vain, unfortunately,” said Nils Haupt, senior director of group communications at Hapag-Lloyd AG.

Advertisement

“These events can easily lead to traumatic experiences. There is also a significant risk from sea mines, which has made insuring vessels for passage through the Strait nearly impossible.”

LISA DAFTARI: HORMUZ WHIPLASH PROVES TEHRAN CAN’T HONOR ANY DEAL IT SIGNS

“The crews are well, but they are becoming increasingly impatient and frustrated. It is very unfortunate that we could not leave today,” he added. “Many ships are still stuck in the Persian Gulf.”

“Our six ships are anchored near the port of Dubai, and all crews hope for an improvement in the situation,” Haupt said.

The Islamic Revolutionary Guard Corps (IRGC) said on April 18 that the strait would remain closed until the U.S. lifts its blockade on Iranian ports, warning ships not to move from anchorage or risk being treated as “enemy” collaborators.

Advertisement

Iran has previously argued that restrictions on its oil exports and shipping amount to “economic warfare,” framing actions in the Strait of Hormuz as a response to foreign pressure on its economy, according to statements from Iranian officials and state media in past incidents.

“Approaching the Strait of Hormuz will be considered cooperation with the enemy, and any violating vessel will be targeted,” the IRGC said in a statement carried by the semi-official Tasnim News Agency.

TRUMP ORDERS A BLOCKADE IN THE STRAIT OF HORMUZ AS TENSIONS WITH IRAN SOAR

Fishing boats dot the sea as cargo ships, in the background, sail through the Arabian Gulf toward the Strait of Hormuz off the United Arab Emirates, Friday, March 27, 2026. (AP Photo)

The United States imposed the blockade on Iranian ports to pressure Tehran to reopen the strait, with U.S. Central Command saying the measures are being enforced “impartially against all vessels.”

Advertisement

Hapag-Lloyd said its vessels have been stuck for weeks following the initial closure after the outbreak of war with Iran on Feb. 28.

“For us, it is critical that our vessels can pass through the strait soon,” Haupt said.

“We offer all crew members unlimited data so they can video call loved ones and access entertainment. Crews are strong, but after weeks on board there is growing monotony and frustration.”

“One crew experienced a fire on board from bomb fragments. Others have seen missiles or drones near their vessels,” he added.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Advertisement

“They are resilient, but each additional day makes the situation more difficult, more monotonous, and more stressful.”

President Donald Trump said Iran had agreed not to close the strait again but after the closure, Trump called the situation “blackmail” and said the U.S. would not back down.

Advertisement
Continue Reading

World

Schools, shops shut in northern Israel to protest the Lebanon ceasefire

Published

on

Schools, shops shut in northern Israel to protest the Lebanon ceasefire

Shops and schools shut in northern Israel as residents protested a 10-day ceasefire with Lebanon that took effect on April 16, saying “nothing was achieved”. Israeli officials say operations may continue, with forces still deployed inside southern Lebanon.

Advertisement
Continue Reading
Advertisement

Trending