Vance presses AG Garland for probe of Trump gag order in NY case

Writing to Garland, Vance highlighted Merchan's imposition of a gag order, his handling of jury selection, and his decisions on the presentation of evidence, saying that the judge had been "shameless."

Published: May 29, 2024 1:44pm

Ohio Republican Sen. J.D. Vance on Wednesday pressed Attorney General Merrick Garland to investigate Judge Juan Merchan's imposition of a gag order against former President Donald Trump in Manhattan District Attorney Alvin Bragg's case.

Bragg has charged Trump with 34 counts of falsifying business records in connection with a 2016 payment his then-attorney, Michael Cohen, made to Stormy Daniels. Trump has pleaded not guilty and the trial has proceeded to jury deliberations.

Merchan imposed the gag order on Trump at the request of Bragg's office, though he eventually expanded it in April to prevent Trump from discussing his daughter, Loren Merchan, who is employed with a firm that boasts President Joe Biden and Vice President Kamala Harris as clients.

Writing to Garland, Vance highlighted Merchan's imposition of a gag order, his handling of jury selection, and his decisions on the presentation of evidence, saying that the judge had been "shameless."

"To ensure that you are faithfully and evenhandedly applying federal criminal law, please tell me by June 28, 2024, whether you will open a criminal investigation into the conduct of Juan Merchan and his possible coconspirators," Vance wrote. "If you will not open an investigation, please let me know whether you will consider issuing a document-retention request to allow a future administration to consider taking up the case."

"Merchan has imposed a prior restraint on the protected speech of a former president who is now leading presidential polling of the next election," Vance said. "On Merchan’s orders, a Republican presidential candidate has been made powerless to question the credibility of the witnesses testifying against him, the motivations of the prosecutors pursuing him, or the impartiality of the apparently conflicted judge fining him."

"Merchan has not been content to deprive President Trump of only his First Amendment rights, either," he continued. "As a criminal defendant, President Trump is entitled to a fair trial by an impartial jury. Merchan has done his best to deprive Trump of both."

"During jury selection, Merchan refused to dismiss prospective jurors with obvious bias. One had scoffed on social media that “Republicans [were] projected to pick up 70 seats in prison," Vance noted. "Another posted a video on social media showing her participation in an anti-Trump street demonstration. But Merchan was willing to impanel them anyway, forcing President Trump’s attorneys to burn critical peremptory strikes."

Trump, for his part, has fumed over the gag order, calling it "unconstitutional" and saying that "The Conflicted Judge’s friends and party members can say whatever they want about me, but I am not allowed to respond."

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.

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