U.S. Congressman Answers Mary Trump on Gag Order

U.S. Congressman Eric Swalwell (D-CA) believes Judge Juan Merchan, who is presiding over Donald Trump’s criminal trial in Manhattan, is extending greater leeway to defendant Trump than any other defendant would receive — and greater than any defendant has received in the past.

Referring to the recent fines levied by Merchan against the presumptive GOP presidential nominee for violating his gag order in the case, Trump’s niece Mary Trump asked the rhetorical question: “How often do criminal defendants get held in contempt 10 times without being sent to jail?”

Swalwell answered Mary Trump and basically said never. As Trump continues to complain that he is being treated unfairly by Merchan and victimized by the court system, Swalwell responded to his niece, writing: “Trump is right. He is not being treated the same as other criminal defendants. He is being treated BETTER. I have prosecuted dozens of jury trials. Any single other defendant would be in jail 9 exits back.”

Trump is right. He is not being treated the same as other criminal defendants. He is being treated BETTER. I have prosecuted dozens of jury trials. Any single other defendant would be in jail 9 exits back. https://t.co/v6ts4MNIqR

— Rep. Eric Swalwell (@RepSwalwell) May 6, 2024

Swalwell became a prosecutor in the Alameda County District Attorney’s Office in California after attending the University of Maryland Law School. 

[NOTE: Limiting what defendants (and others) can say about jurors, witnesses and other participants in a trial, gag orders are used by judges like Merchan to protect against trial interference and to maintain the integrity of due process.]

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Trump has argued that “the gag order stops me from talking and responding to people when they say things about me. You have people saying things about me and I’m not allowed to respond, so you have this judge who’s taken away my constitutional right.” Trump’s remarks about the jury, which brought his most recent contempt charges, don’t fit that description.

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