Manhattan DA asks judge in Trump’s hush money case to ‘clarify or confirm’ that gag order applies to family members



The Manhattan District Attorney’s Office this week asked a judge presiding over the New York criminal case against Donald Trump to “clarify or confirm” that his earlier order restricting the former president’s public statements about the case and those involved applies to family members.

In a letter dated Thursday and acknowledged as received by the court on Friday, prosecutors asked that the court weigh in on whether a partial gag order issued by Judge Juan Merchan on Tuesday “protects family members of the Court, the District Attorney, and all other individuals mentioned in the Order” and asked that the court “direct that defendant immediately desist from attacks on family members.”

Trump’s attorneys responded in opposition in their own letter on Friday, arguing that the “express terms of the gag order do not apply in the manner claimed” by prosecutors.

Trump has blasted Merchan as “biased and conflicted” while also taking aim at his daughter for a social media post that a court spokesperson said was wrongly attributed to her.

This is a developing story. Please check back for updates.



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Sam Bankman-Fried apologizes for FTX collapse at sentencing


Sam Bankman-Fried apologizes for FTX collapse at sentencing – CBS News

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A judge sentenced disgraced FTX founder Sam Bankman-Fried to 25 years in prison Thursday. A jury convicted the 32-year-old of fraud and conspiracy in November. CBS News national correspondent Errol Barnett reports.

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Barack Obama and Bill Clinton to raise money with Biden amid concerns about his age



Bill Clinton was 22 years younger than George H.W. Bush when he unseated him in 1992. He had just turned 50 when he won a second term by defeating the 73-year-old Bob Dole four years later. In 2008, Barack Obama was just 47 when he won the White House by defeating John McCain, a Senate colleague who was a quarter-century his senior.

On Thursday, both former presidents — now 77 and 62 years old, respectively — will suspend their active retirements to try to provide a political jolt to the campaign of their successor Joe Biden, 81, with a rare joint appearance for a campaign fundraiser in New York.

The rare and highly anticipated gathering of three Democratic presidents is expected to generate at least $15 million for Biden’s re-election bid and, advisers hope, send a message about how unified the party is behind his candidacy now that the general election is underway.

But it also may serve to highlight Biden’s main vulnerability this year, one that his campaign has increasingly taken steps to overcome.

Unlike Obama and Clinton before him, Biden is running against a candidate only a few years his junior. Still, Biden has already been adopting some of the tactics and even language that Dole and McCain used when they ran against much younger men.

Take, for instance, Biden’s last trip to New York, where he offered a new answer to the age question.

“It’s about how old your ideas are,” he told NBC “Late Night” host Seth Meyers, adding that former President Donald Trump “wants to take us back on a whole range of issues.”

It was a twist on how Clinton answered a question about Dole’s age during the second presidential debate in 1996.

“I don’t think Sen. Dole is too old to be president. It’s the age of his ideas that I question,” he said. 

Dole said that “wisdom comes from age, experience and intelligence,” also mirroring an answer Biden has given this year.

Scott Reed, who was Dole’s campaign manager, said the campaign was often frustrated at how age was a frequent focus of the media covering the race. The campaign released detailed medical records and did focus groups and polling to test ways to address the issue — and found that older voters tended to be especially concerned about it.

They “could never imagine being president. They couldn’t even keep their own checkbooks, let alone be commander of the free world,” Reed, who recently was a co-chair of a super PAC supporting Mike Pence’s presidential campaign, told NBC News.

Dole campaigned more aggressively than any of the other principals in the race, Reed argued, including a final 96-hour nonstop campaign in the closing days that he said helped Republicans at least maintain control of Congress. 

“Beating an incumbent president is very difficult, especially when there’s a growing economy and a world peace. So our challenge against Clinton back in ’96 was bigger than age,” he said.

Twelve years later, McCain, like Dole, tried to use humor to defuse the age issue. Both men, in fact, made cameos on “Saturday Night Live” — McCain multiple times — where age was a punch line.

“I ask you: What should we be looking for in our next president? Certainly, someone who is very, very, very old,” McCain said in one appearance. “I have the courage, the wisdom, the experience and, most importantly, the oldness necessary.”

Mark Salter, a longtime senior adviser to McCain, said the campaign also recognized age was a challenge but aimed for a show-not-tell response.

“We didn’t make him up or change his wardrobe or have him do push-ups in front of the cameras or anything,” he said. “We would often draw reporters’ attention to the fact his schedule was more crowded than Obama’s. In New Hampshire, he would do 100 or whatever town halls and stick around until the last question was asked. And then he talked to reporters all day, worked all night.”

Clinton’s campaigns — especially a re-election theme of “Building a Bridge to the 21st Century” — sought to capitalize on the generational contrast more conspicuously than Obama’s. For Obama, “Change” as a theme was more a one-two punch in the Democratic primaries, running to succeed the unpopular George W. Bush while challenging the initial Democratic front-runner, Hillary Clinton.

Salter said McCain’s team did consider the idea of a one-term pledge, “not so much to address a concern about his age as it was to get a piece of the ‘change’ message.” Ultimately, though, McCain shot down the idea.

“He never had any doubt” about his ability to serve, Salter said. “He never seemed his age until he got sick.” McCain was diagnosed with brain cancer in 2017, the year a potential second term would have ended.

There is not much precedent for the event Biden’s campaign is putting on Thursday. The high-profile evening, which will draw more than 3,000 people, is expected to sell out, the person familiar with the planning said. 

The event is designed to impress. 

Actor Mindy Kaling will host the program at Radio City Music Hall, which will open with remarks from first lady Jill Biden and feature musical guests Queen Latifah, Lizzo, Ben Platt, Cynthia Erivo and Lea Michele, according to a Biden campaign official.  

Some of the biggest donors will have the opportunity to have their pictures taken with the three Democratic presidents, shot by famed portrait photographer Annie Leibovitz. The cheapest tickets have sold for $250, with the largest contributions coming from people who gave $250,000 and $500,000.

Biden-Harris campaign co-chair Jeffrey Katzenberg, finance chair Rufus Gifford and Biden Victory Fund finance chair Chris Korge have taken the lead on organizing the fundraiser, along with Condé Nast Editorial Director Anna Wintour.  

Beyond the in-person component, other donors will have access to a “grassroots virtual conversation” with the three presidents that will be moderated by Biden campaign manager Julie Chavez Rodriguez. That access costs as little as $25, according to the online invitation.

The first lady will also hold a “500 person VIP afterparty” after the event, which will be co-hosted by DJ D-Nice, whose profile rose during the coronavirus pandemic after he held virtual “Club Quarantine” events on Instagram live.

In planning Thursday’s fundraiser, the Biden, Obama and Clinton teams have sought to balance how “you look forward and backward at the same time,” a source familiar with the planning said. Obama, Biden and Clinton will inevitably go down memory lane during a discussion moderated by comedian Stephen Colbert. 

Some of the legislation Biden is proudest of from his time as a senator — the crime bill and the Violence Against Women Act — were signed into law by Clinton. And Biden’s loyal service as Obama’s vice president was a major factor in overcoming other vulnerabilities, including age, as he ran in a crowded field of Democrats in 2020.

But Biden has increasingly been using the word “future” in his speeches while describing policies like tax reform, universal pre-K and affordable housing that would be part of a second-term agenda.

“I want to talk about the future of possibilities that we can build together — a future where the days of trickle-down economics are over and the wealthy and the biggest corporations no longer get all the tax breaks,” he said in his State of the Union address this month.

Biden speaks regularly to both former presidents, according to multiple sources familiar with the relationships. Obama and Biden met in person Friday to record an event tied to the 14th anniversary of the Affordable Care Act.

During a private conversation in the White House’s Family Dining Room, Obama told Biden how effective he thought his State of the Union address had been, as had been the busy travel schedule Biden embarked on afterward, said a source familiar with the matter.

Aside from private conversations, Biden also often directs his top aides to follow up with Obama or Clinton on various topics of conversation. Chief of staff Jeff Zients, senior advisers Anita Dunn and Steve Ricchetti, deputy chief of staff Bruce Reed and campaign advisers Jen O’Malley Dillon and Mike Donilon have all held calls with Obama recently at Biden’s direction. 

Similarly, a longtime Clinton aide met last week with Ricchetti to discuss Clinton’s desire to play an active role in support of Biden this year. 

Beyond traditional campaigning, both men are likely to participate in more unconventional campaign tactics the Biden team has been experimenting with to reach especially younger voters. Thursday’s fundraiser is just one component of what an official involved in the process called an “extensive program” for the three commanders in chief in New York on Thursday, including recording a podcast together.

Reed, the Dole campaign manager, said Biden’s best approach in dealing with age is not an “ice cream cone strategy” of trying to appear more dynamic. 

“The best thing Biden can do is go after Trump and show the energy he shows when he’s behind closed doors with these donors,” he said.



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Gag order restricts Trump in “hush money” New York trial


Gag order restricts Trump in “hush money” New York trial – CBS News

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The judge presiding over former President Donald Trump’s New York “hush money” case imposed a gag order Tuesday restricting what Trump can say about those involved in the upcoming trial. CBS News’ Robert Costa reports.

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Trump ramps up attacks on judge in hush money case following gag order



Less than 24 hours after getting hit with a partial gag order in the New York criminal case involving his alleged falsification of business records, former President Donald Trump repeatedly lashed out at one person who’s not covered by the ruling — the judge.

In a series of posts on his social media platform, Trump called Judge Juan Merchan “biased and conflicted” while also taking aim at the judge’s daughter for a second day in a row.

In a ruling Tuesday, Merchan noted the impending April 15 trial date and said Trump must “refrain” from “making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation” in the case, as well as about individual prosecutors and court staff and their family members.

The order did not mention the judge and his family members — a loophole Trump exploited Wednesday.

“This Judge, by issuing a vicious ‘Gag Order,’ is wrongfully attempting to deprive me of my First Amendment Right to speak out against the Weaponization of Law Enforcement,” Trump wrote, saying the judge “is suffering from an acute case of Trump Derangement Syndrome” and should recuse himself from the case.

The attacks continue a pattern of Trump lashing out at judges and the judicial system on social media after getting an adverse ruling in court.

As he’d done previously, Trump also went after Merchan’s daughter, who’s worked at a progressive digital marketing agency that has worked for many Democratic candidates. 

“Maybe the Judge is such a hater because his daughter makes money by working to ‘Get Trump,'” one of his posts said. He also accused her of having posted a picture of him behind bars on social media —an allegation that appears to have originated from a Trump ally, far right activist and conspiracy theorist Laura Loomer.

Loomer made a similar allegation last year involving the wife of the judge who presided over Trump’s civil fraud trial, accusing her of having shared anti-Trump memes on social media.

Trump then attacked the judge’s wife, who was not protected by the partial gag order Engoron had put in place in that case.

A spokesman for the state court system said then that the posts Loomer promoted were not from the judge’s wife.

“Justice Engoron’s wife has sent no social media posts regarding the former president. They are not hers,” said the spokesman, Al Baker.

Trump never acknowledged or apologized for the apparent false accusation.

NBC News has reached out to the court system for comment on the new Loomer/Trump accusation.

The handle used in the X profile highlighted by Loomer had been previously associated with Merchan’s daughter in 2022, but the profile Loomer shared said the person joined X in April of 2023, the same month far right news outlets wrote critical stories about the daughter.

An NBC News analysis earlier this year of Trump’s posts on his social media platform Truth Social found his unprecedented attacks on the judicial system were frequently tied to developments in his court cases, and at times outnumbered his posts about his re-election bid.

Trump’s criticism often comes at a cost for his targets. Merchan, Engoron and the judge presiding over his federal election interference case in Washington, D.C., Tanya Chutkan, have all been recipients of threats following Trump’s complaints.

Merchan cited his experience when he handed down his ruling Tuesday blocking Trump from making comments about individual prosecutors (with the exception of Manhattan District Attorney Alvin Bragg), court staff, their family members, and jurors and potential jurors.

“Although this Court did not issue an order restricting Defendant’s speech at the inception of this case, choosing instead to issue an admonition, given the nature and impact of the statements made against this Court and a family member thereof, the District Attorney and an Assistant District Attorney, the witnesses in this case, as well as the nature and impact of the extrajudicial statements made by Defendant in the D.C. Circuit case (which resulted in the D.C. Circuit issuing an order restricting his speech), and given that the eve of trial is upon us, it is without question that the imminency of the risk of harm is now paramount,” Merchan wrote.

Trump’s attorneys had argued in court filings that because their client is the presumptive Republican nominee for president he “must have unfettered access to the voting public to respond to attacks from political opponents.”

Merchan said in his ruling that Trump’s public commentary in this case and others has gone “far beyond defending himself against attacks.”

“Indeed, his statements were threatening, inflammatory” and “denigrating,” and the “consequences of those statements included not only fear on the part of the individual targeted, but also the assignment of increased security resources to investigate threats and protect the individuals and family members thereof,” the judge wrote.

He said he was acting now “given that the eve of trial is upon us” and “it is without question that the imminency of the risk of harm is now paramount.”

The DA’s case alleges Trump falsified business records to cover up payments he was making to his then-lawyer Michael Cohen as repayment for a $130,000 hush money payment Cohen had doled out to adult film star Stormy Daniels in the closing days of the 2016 campaign. Daniels claimed she had a sexual encounter with Trump in 2006, which Trump denies.

Trump has pleaded not guilty in the case and maintains the charges are part of a politically orchestrated witch hunt against him.



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Judge in hush money case hits Trump with partial gag order



The judge presiding over the New York criminal case against Donald Trump on Tuesday slapped the former president with a partial gag order.

The ruling from Judge Juan Merchan orders Trump to “refrain” from “making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation” in the falsifying business records case, as well as about individual prosecutors, court staff, jurors and potential jurors.

The order does not apply to the judge or Manhattan District Attorney Alvin Bragg.

The judge said the move was necessary now because “the Defendant’s prior extrajudicial statements establishes a sufficient risk to the administration of justice” and “there exists no less restrictive means to prevent such risk.”

Trump campaign spokesman Steven Cheung called the order “unconstitutional” and argued that it prevents Trump from “engaging in core political speech, which is entitled to the highest level of protection under the First Amendment.”

Trump’s attorneys had argued in court filings that because he is the presumptive Republican nominee for president he “must have unfettered access to the voting public to respond to attacks from political opponents.”

Merchan said he was “unpersuaded” by those arguments, and that Trump’s public commentary on the case has gone “far beyond defending himself against attacks.”

The judge noted Trump’s past statements in this case and others included “threatening, inflammatory,” and “denigrating” language, and said similar attacks would “undoubtedly risk impeding the orderly administration of the Court.”

Merchan also suggested he had firsthand knowledge about being a subject of Trump’s comments, and cited “the nature and impact of the statements made against this Court and a family member,” in addition to others.

The ruling was handed down hours after Trump blasted the judge, the judge’s daughter, Bragg and former Trump lawyer Michael Cohen, a key witness in the case, on his social media platform Truth Social. The post referred to Cohen as a “liar and felon,” and also referred to a former prosecutor in the case, Mark Pomerantz, as a “dirtbag lawyer.”

Cohen said in a statement he was grateful for the judge’s action.

“I want to thank Judge Merchan for imposing the gag order as I have been under relentless assault from Donald’s MAGA supporters,” he said. “Nevertheless, knowing Donald as well as I do, he will seek to defy the gag order by employing others within his circle to do his bidding; regardless of consequence.”

Cohen pleaded guilty in 2018 to criminal charges that included making hush money deals for women who claimed to have had affairs with Trump.

The DA’s case is centered on payments Trump made to reimburse Cohen for the $130,000 he paid one of the women, adult film star Stormy Daniels, to stay quiet about her alleged 2006 sexual encounter with Trump.

Trump has denied that he slept with Daniels, but he has acknowledged repaying Cohen. He’s pleaded not guilty to charges that he “repeatedly and fraudulently falsified New York business records.”

The case is set to go trial April 15.

Merchan said “given that the eve of trial is upon us, it is without question that the imminency of the risk of harm is now paramount.”

Tuesday’s ruling is the third partial gag order Trump has been hit with in the past year. In the civil fraud trial that concluded in January, Judge Arthur Engoron ordered Trump and his attorneys not to talk about his law clerk or other court staffers after the former president’s insistence that the clerk was biased led to a “deluge” of threats against her.

Judge Tanya Chutkan, who is presiding over Trump’s federal election interference case in Washington, D.C., issued a ruling in October that bars him from trashing witnesses and individual prosecutors and court staff.

Chutkan said Trump could continue to “criticize the current administration and assert his belief that this prosecution is politically motivated.” But, she added, his “first amendment freedoms do not allow him to launch a pre-trial smear campaign against participating government staff, their families and foreseeable witnesses.”

An appeals court later narrowed the order, allowing Trump some leeway to speak out if a high-profile witness made disparaging comments about him. That case has been paused while the Supreme Court weighs Trump’s presidential immunity defense.

The Manhattan District Attorney’s Office had asked Merchan for the partial gag order last month, arguing that Trump “has a long history of making public and inflammatory remarks about the participants in various judicial proceedings against him, including jurors, witnesses, lawyers, and court staff.”

“Those remarks, as well as the inevitable reactions they incite from defendant’s followers and allies, pose a significant and imminent threat to the orderly administration of this criminal proceeding and a substantial likelihood of causing material prejudice,” Bragg’s office said at the time.

The gag order ruling was one of three that Merchan handed down Tuesday.

In one, he rejected Trump’s efforts to undo a new process for filing pre-trial motions. Merchan had changed the procedure after Trump’s attorneys tried raising a presidential immunity defense and asked the judge to delay the trial until after the Supreme Court ruled in the federal election interference case. The Trump request came just over two weeks before the hush money case was originally scheduled to go trial.

In response, Merchan said both sides had to ask him for permission to file any other motions. Trump’s attorneys argued that it would violate their client’s right to a fair trial. Merchan disagreed, saying he has the “inherent authority” to do so.

In the third ruling, Merchan shot down Trump’s motion asking that documents be unsealed and that public filings in the case be immediately visible on the court docket. The judge noted there’s a protective order barring some information from being released publicly and said “it is this Court’s understanding that everything that is normally maintained in a court file is currently contained in the public file.”

“To the extent Defendant believes that anything normally maintained that is not subject to the Protective Order or governing law, is not in the court file, he should identify the document to the Court and to the People. The Court will consider any objections and rule on the matter,” Merchan added.

News organizations, including the NBC News Group, had asked the judge to more promptly file the motions to the public docket and to put emails between the parties on the docket as well. The judge did not address the letter from the media organizations in Tuesday’s order.



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Trump hit with gag order in “hush money” case


Trump hit with gag order in “hush money” case – CBS News

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A New York judge overseeing Donald Trump’s upcoming “hush money” criminal trial imposed a gag order on the former president Tuesday. CBS News investigative reporter Graham Kates explains what the order means for Trump.

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Former President Trump’s bond reduced in fraud case, date set for “hush money” criminal trial


Former President Trump’s bond reduced in fraud case, date set for “hush money” criminal trial – CBS News

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On Monday, a judge agreed to reduce Donald Trump’s bond from $464 million to $175 million at a court hearing for his New York civil fraud case. It was a busy day for the former president, as a date was also set for his criminal “hush money” trial. It is scheduled to begin April 15 after a judge rejected Trump’s bid to delay the trial.

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How jury selection could work in Trump’s “hush money” trial


How jury selection could work in Trump’s “hush money” trial – CBS News

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On Monday, the judge in Donald Trump’s “hush money” case rejected the former president’s bid to delay a trial further, setting a start date of April 15. Notre Dame Law School professor Derek Muller and CBS News chief Washington correspondent Major Garrett join with analysis.

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