A group of 10 Republican congressmen led by Rep. Andy Ogles of Tennessee introduced a bill on Thursday that would prevent judges from issuing gag orders to defendants in civil and criminal trials.
Should the “Let Trump Speak Act” become law, it would be unlawful for judges to issue suppression orders, according to a copy of the legislation shared by Fox News.
The only time when, according to the bill, judges could issue gag orders would be in cases where “confidential information” is brought up as evidence or those where minors are involved.
The legislation also allows for gag orders to be implemented as part of a plea agreement.
“We have watched for years as a politically-weaponized Department of Justice and Democrat activist judges have gone after President Donald J. Trump,” Ogles told Fox News.
“There is no right more sacred to Americans than the right to speak freely, as guaranteed in the First Amendment,” the congressman said, adding “activists within the justice system are attempting to strip President Trump of this right for the sake of their own political agenda.”
Should a judge issue a gag order in contravention of the act, once the bill becomes law, the subject of such an order can sue for injunctive relief at a U.S. district court.
The legislation comes two months after New York State Supreme Court Justice Juan Merchan issued a gag order against former President Donald Trump on March 26.
The gag order is in connection with Trump’s “hush money” trial, where the former president has been charged with 34 felony counts.
Should Congress pass this bill?
Merchan’s order silences criticism of witnesses, prosecutors, and court staff by the presumptive Republican presidential candidate, according to The Hill.
The gag order also shields Merchan’s daughter from criticism, although she is a progressive political consultant who has worked for Democratic fundraisers, The Hill reported.
Trump’s legal team has launched an effort to appeal the gag order.
On May 14, the Appellate Division of the New York Supreme Court rejected Trump’s attempt to appeal the gag order, court documents show.
The appellate division ruled that “Justice Merchan properly weighed petitioner’s First Amendment Rights against the court’s historical commitment to ensuring the fair administration of justice in criminal cases.”
“The constitutional objections that petitioner lodges against the Restraining Order’s restrictions on his statements relating to Mr. Colangelo and Ms. Merchan are unavailing,” the court said.
Trump, according to Fox News, can now appeal the gag order at the New York Court of Appeals.
“This continued weaponization of justice and harassment of President Trump must end,” said Republican Rep. Bob Good of Virginia, one of the bill’s co-sponsors, according to Fox News.
