Story · March 28, 2024

After Trump’s Recent Posts, Prosecutors Asked Merchan to Clarify the Gag Order

gag-order clarification Confidence 5/5
★★★☆☆Fuckup rating 3/5
Major mess Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: Correction: Prosecutors asked for clarification on March 28, and Judge Merchan expanded the order on April 1, not March 28.

Prosecutors went back to Judge Juan Merchan on March 28, 2024, asking him to clarify the gag order he had issued two days earlier in Donald Trump’s New York hush-money case. The filing did not impose a new punishment. It asked the court to confirm whether the March 26 order already covered attacks on family members of the court, the district attorney, and other people named in the case record. ([nycourts.gov](https://www.nycourts.gov/reporter/pdfs/2024/2024_31375.pdf))

Merchan answered that question on April 1. In a written decision, he said the March 26 order did not reach family members of the court or the district attorney, then amended the order to add those protections. He also warned that violations could bring sanctions under New York Judiciary Law. ([nycourts.gov](https://www.nycourts.gov/reporter/pdfs/2024/2024_31375.pdf))

The timing matters. March 28 was the day the prosecution asked for clarification; April 1 was the day the court changed the order. The judge’s ruling said Trump had made fresh extrajudicial statements after the original gag order, including attacks on a family member of the court, and that the pattern raised real concerns about interference with the case and safety risks for people involved in it. ([nycourts.gov](https://www.nycourts.gov/reporter/pdfs/2024/2024_31375.pdf))

The amended order barred public statements about known or reasonably foreseeable witnesses, about counsel other than the district attorney, about court staff and district attorney’s office staff, and about family members of those people when the statements were made with the intent to interfere with the case or with knowledge that interference was likely. It also extended protection to prospective jurors and jurors. ([nycourts.gov](https://www.nycourts.gov/reporter/pdfs/2024/2024_31375.pdf))

So the March 28 move was procedural, not theatrical: a request to pin down the edges of an order Trump was already testing. The actual expansion came later, after the court concluded the original language left too much room for the attacks prosecutors were trying to stop. ([nycourts.gov](https://www.nycourts.gov/reporter/pdfs/2024/2024_31375.pdf))

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