A judge issued a gag order against former President Trump in his hush money payments case. (Michael M. Santiago/Getty Images)
Akerman added that Trump is "the only one I have ever seen do this and do it in such an outrageous way that it’s really forced the courts – to where does the First Amendment stop and where do we need a gag order in order to protect the judicial system?"
Trump, the presumptive Republican nominee, has been highly critical of the judge, calling the gag order "illegal, un-American, unconstitutional," saying that Merchan was "wrongfully attempting to deprive me of my First Amendment Right to speak out against the Weaponization of Law Enforcement."
Trump even suggested that the gag order was related to Merchan’s adult daughter’s work as the president of a political consulting firm.
Manhattan District Attorney Alvin Bragg requested the gag order. (Michael M. Santiago/Getty Images)
In issuing the gag order, the judge cited Trump's "prior extrajudicial statements," saying they establish "a sufficient risk to the administration of justice."
Merchan ordered that Trump cannot make or direct others to make public statements about witnesses concerning their potential participation, or about counsel in the case — other than Bragg — or about court staff, DA staff or family members of staff.
Merchan also ordered that Trump cannot make or direct others to make public statements about any prospective juror or chosen juror.
Merchan said in his decision that Trump has made statements in the past during other trials — likely referring to the months-long non-jury civil fraud trial stemming from New York Attorney General Letitia James' case.
"lndeed, his statements were threatening, inflammatory, denigrating, and the targets of his statements ranged from local and federal officials, court and court staff, prosecutors and staff assigned to the cases, and private individuals including grand jurors performing their civic duty," Merchan writes. "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."
Akerman added later on X, "Trump's unprecedented pattern of disparaging and threatening judges, prosecutors and witnesses is self-destructive and makes it more likely he will end up in the slammer."
Former Acting U.S. Attorney General Matt Whitaker, who served under Trump, told Fox News, "I think these gag orders are very dangerous… The First Amendment is fairly broad in its protection of our right to speak and speak our minds, and I think ultimately this judge is going to have to tread very carefully."
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Trump has had two other gag orders issued against him in recent months.
Fox News Digital's Brooke Singman and Maria Paronich contributed to this report.
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