Trump’s Hush-Money Gag Order Win Could Backfire—And Land Him in Jail

Donald Trump may be happy that the gag order in his hush-money case has been partially lifted as he awaits sentencing, but it could backfire on him, one legal expert says.

Glenn Kirschner, a former federal prosecutor, said Tuesday night that the gag order change “may and probably will come back to bite” the former president and convicted felon. It could even lead to prison time.

Judge Juan Merchan altered the gag order Tuesday, allowing Trump to talk about the witnesses and jurors in the case. Trump is still barred from speaking about the prosecutors, court staff, and their families, though.

During the latest episode of his YouTube series Justice Matters, Kirschner said that the order’s changes are “in accordance with the law,” but he noted that there is a legitimate fear for the safety of the witnesses and jurors now that Trump can speak freely about them. Still, he believes that there could be a “silver lining.”

“How many of you think Donald Trump will begin posting and saying things about the witnesses that are harassing and intimidating and threatening and perhaps even violence-inducing?” Kirschner asked. In the likely event that Trump does this, it could result in a harsher sentence.

Even before the gag order was lifted, Trump attempted to skirt it in different ways. He had his political allies act as surrogates to criticize the people he couldn’t, even editing their words at times. Some politicians, such as Representatives Bob Good and Lauren Boebert, even admitted that they traveled to Trump’s Manhattan trial for this reason. Trump also criticized one of the prosecutors in the case without mentioning his name. And there are the 10 documented violations of the gag order, which Merchan has already punished Trump for to the tune of $10,000 in fines.

Trump was found guilty of 34 felony counts in May for allegedly falsifying business records with the intent to further an underlying crime in the first degree for paying off adult film actress Stormy Daniels to cover up their affair before the 2016 election. The crime carries a sentence of up to four months in prison, and sentencing is scheduled for July 11, only four days before the Republican National Convention begins in Milwaukee, Wisconsin.

Merchan already has some alleged gag-order violations to consider before Trump’s sentencing hearing. The question is whether Trump will add to them between Thursday’s debate and July 11.