On Sunday, September 1, 2024, The Kansas City Star opinion correspondent David Mastio published a commentary arguing that a gag order placed on former president Donald Trump by a New York judge should be lifted.
In the piece, Mastio outlines the ongoing legal battle between Trump and New York Judge Juan Merchan, who is presiding over a case where Trump is accused of falsifying business records regarding hush money payments made to porn actress Stormy Daniels during the 2016 presidential campaign. Trump’s lawyers have argued that Merchan should recuse himself due to political donations the judge made in 2020 to now-president Joe Biden and Vice President Kamala Harris. While Merchan has narrowed the scope of a gag order preventing Trump from attacking those involved in the case, Trump’s team continues to push for the judge’s removal.
Mastio acknowledges the threats and harassment some associated with the case have faced from Trump supporters. However, he argues that as the November 2024 election nears, free speech, especially political speech, is of paramount importance. Mastio notes that the Supreme Court has consistently ruled campaign speech enjoys the highest protection under the First Amendment, no matter how false or uncomfortable.
At the core of Trump’s argument, Mastio says, is a legitimate question over whether New York officials could have found a non-partisan judge to oversee the case instead of one who donated to Trump’s opponent. Mastio does not view Merchan’s $15 donation as definitive proof of bias but says opting for a different judge could have avoided even the perception of partiality.
In conclusion, Mastio states that while Trump stretches the truth, the public should be allowed to make their own judgment on the former president’s claims without a gag order in place. As an American citizen, Mastio argues Trump still has constitutional free speech rights that should not be restricted as these important legal cases move forward.
Source: The Kansas City Star
