GOP Sen calls for criminal investigation into Trump trial judge over gag orders

Sen. J.D. Vance called on the Justice Department to investigate Justice Juan Merchan over his deprivation of former President Trump's free speech rights with gag orders.

Former President Donald Trump and then-Republican candidate for Senate JD Vance greet supporters during the rally at the Dayton International Airport on Nov. 7, 2022 in Vandalia, Ohio.  ((Photo by Drew Angerer/Getty Images))

He cites two statutes to pursue Merchan under, one which prevents "conspiracies to ‘injure, oppress, threaten, or intimidate’ others in the enjoyment of federally protected rights" and another to prohibit anyone from "willfully [depriving] a person of a right or privilege protected by the Constitution or laws of the United States." 

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Attorney General Merrick Garland speaks during the 36th Annual Candlelight Vigil to honor the law enforcement officers who lost their lives in 2023, in Washington, on May 13, 2024.  (AP Photo/Jose Luis Magana, File)

Vance even suggested that Merchan has deprived Trump of more than just his First Amendment rights. He claimed the judge had tried to prevent the former president from getting an impartial jury. "During jury selection, Merchan refused to dismiss prospective jurors with obvious bias," he wrote. 

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Former President Donald Trump sits in court before jury deliberations for his criminal trial in Manhattan Criminal Court at the New York State Supreme Court on May 29, 2024.   (Jabin Botsford/Pool via USA Today Network)

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Fox News Digital reached out to the New York court system with a request from Merchan's office but did not immediately receive a response. 

Republicans and Trump have been critical of the prosecution, charges and the presiding judge in the case against the former president, often referring to it as "election interference."

Julia Johnson is a politics writer for Fox News Digital and Fox Business, leading coverage of the U.S. Senate. She was previously a politics reporter at the Washington Examiner. 

Follow Julia's reporting on X at @JuliaaJohnson_ and send tips to Julia.Johnson@fox.com.

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