Biden will debate Trump while still bound by gag orders. Here's what he can't say.
- On Thursday evening, President Joe Biden will confront former President Donald Trump in the first of two planned presidential debates.
- Trump remains subject to several court-imposed gag orders that restrict his ability to discuss his legal matters.
- Juan Merchan recently lifted part of the gag order on Trump in his criminal hush money trial in New York.
In Thursday's debate, former President Donald Trump will need to control his words when he comes face to face with President Joe Biden.
Trump remains subject to several court-imposed restrictions on what he can say about his numerous legal issues.
If Trump is questioned about his recent felony conviction in New York or the numerous criminal charges against him in state and federal courts, it could be challenging for him.
According to NBC News, Biden could also use the first presidential debate as an opportunity to trip Trump up and get under his skin, as he has prepared for it by searching for ways to do so.
Both the presumptive Republican nominee and the Democratic incumbent will be required to adhere to CNN's rules, which grant the moderators the authority to maintain a civil discourse.
The hush money gag order
The gag order imposed by Manhattan Supreme Court Judge Juan Merchan has presented challenges for Trump during his criminal trial involving hush money.
The court-ordered gag order prohibited Trump from discussing witnesses, jurors, lawyers, and staff members of the Manhattan District Attorney's office and the court, as well as their family members, in public statements regarding the case.
During the trial, Trump repeatedly violated Merchan's gag order, leading the judge to hold him in contempt and threaten to imprison him if he continued.
In May, Trump was found guilty of 34 counts of falsifying business records related to a scheme to suppress Stormy Daniels' testimony about her alleged affair with Trump prior to the 2016 election.
The gag order for former President Trump was not automatically lifted after the trial ended, and Manhattan DA Alvin Bragg's prosecutors argued that most of the restrictions should remain in place until Trump is sentenced on July 11.
On Tuesday, Merchan partially lifted the gag order, enabling Trump to discuss trial witnesses and jurors.
Trump is now able to speak out about Daniels and Cohen, two key witnesses he has previously attacked, but he is still unable to discuss multiple categories of people related to the case.
It is uncertain whether Trump will adhere to the advice of focusing on core issues and policies during the debate, as one of his sources stated, "no one tells Donald what to do."
Lingering restrictions
Despite the attention on Trump's hush money gag order, at least two other gag orders remain in effect.
On the second day of his civil business fraud case in Manhattan, Judge Arthur Engoron imposed a gag order on Trump, barring him and other parties in the case from speaking about court personnel after the former president repeatedly disparaged the judge's principal law clerk.
In February, a judge ordered Trump to pay millions of dollars in fines and interest after he was found guilty of lying about his asset values in order to inflate his net worth and receive financial benefits.
Although Trump's appeal of the ruling and reduced bond payment of $175 million have put the judgment on hold, Engoron's gag order remains in effect as it lacked a self-cancelling mechanism and no request to lift it was filed after the trial concluded.
In reality, it's unlikely that the gag order will restrict Trump during his debate with Biden, and even if his comments violated its terms, there's no assurance that Engoron's court would impose a penalty.
A person in Engoron's court chambers informed CNBC that they were the first person to inquire about the gag order when the network contacted the court.
Judge Tanya Chutkan in the criminal election interference case against Trump in Washington, D.C., restricted public comments about potential witnesses, court staff, legal counsel, and special counsel Jack Smith.
In December, a federal appeals court loosened the gag order, enabling Trump to discuss Smith, who is currently prosecuting the former president in D.C. and his classified documents case in Florida.
The D.C. election case has been put on hold as the Supreme Court considers Trump's argument that he cannot be charged with crimes while he was in office.
In her December order, Chutkan stated that she believed her court was still responsible for enforcing the modified gag order or other measures to safeguard the integrity of the proceedings.
On Thursday, a spokesperson for Chutkan's chambers did not confirm if the gag order is still in effect when asked by CNBC.
The court's decision to consider the immunity issue may delay any possible trial until after the November election. The ruling could be issued as early as Friday or Monday.
In the Florida case, Trump has requested a gag order from Judge Aileen Cannon after spreading a false claim that FBI agents were authorized to assassinate him during the 2022 raid on Mar-a-Lago. Cannon has not yet made a decision.
Politics
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