Donald Trump gag order ‘extremely likely’ amid hush money indictment

Donald Trump’s next move after being indicted over hush money paid to a porn star could be scuppered by a New York judge.

Donald Trump will address Americans in his first speech after being indicted by a New York grand jury – the same day he is expected to be arraigned in a Manhattan court.

A New York grand jury last week moved to indict Mr Trump after District Attorney Alvin Bragg convinced the panel of wrongdoing regarding the $US130,000 ($A194,000) hush money payment to adult film star Stormy Daniels. Mr Trump becomes the first ever former president to be indicted.

He is expected to speak from his Mar-a-Lago estate in Florida on Tuesday at 8.15pm local time (10.15am Wednesday AEST), an announcement from his 2024 presidential campaign said.

The place and timing shows that Mr Trump believes he will be back in Florida by Tuesday night local time despite an arraignment in New York earlier in the day where he will be charged, have his mugshot taken and be fingerprinted.

Former US President Donald Trump will be arraigned in a New York court on Tuesday. He plans to deliver remarks to Americans later that day. Picture: Getty Images via AFP

A legal expert that spoke to Business Insider said once Mr Trump is arraigned, it’s “extremely likely” that he will be forced to stop talking about the indictment.

“I think it’s not only a possibility, but it’s extremely likely that there will be a gag order in the case,” said Duncan Levin, who is also a former federal prosecutor with the Department of Justice.

Punishment for criminal contempt, under New York law, is a fine not exceeding $US1000 ($A1500), jail for up to 30 days or both.

Mr Trump’s legal team also anticipates a New York judge will impose a gag order on the former president.

“The Trump legal team now thinks that the Manhattan judge will take the unprecedented step of silencing the presidential frontrunner with an unconstitutional gag order tomorrow,” according to an unnamed source, cited by the Daily Mail.

The source added: “The Trump legal team is considering adding a First Amendment lawyer to the effort to combat this and will fight it all the way.”

Former US President Donald Trump sits in the rear of his limousine as he departs Trump International Golf Club in Palm Beach, Florida. Picture: AFP

It comes as Mr Trump’s lawyer slammed the former US President’s indictment following an investigation into a hush money payment he allegedly made to Ms Daniels as a “joke”.

Lawyer Joe Tacopina, who is representing Mr Trump in Manhattan District Attorney Alvin Bragg’s case against him, said if Americans were interested in maintaining justice, they should be “concerned”.

“If you’re an American and you’re concerned about rule of law, there should be no scenario where you want this to happen,” Mr Tacopina said in an interview on US TV on Sunday local time.

“If you’re intellectually honest, we all know that had Donald Trump not been Donald Trump and it was John Smith this case would have never been brought. If he was not running for re-election, there is no way this case would have been brought,” he said.

“This case is not even legally sufficient – factually, it’s a joke.”

Mr Trump was indicted by a New York grand jury last Thursday – more than a week after the former president warned he was going to be arrested and told his supporters to “protest, protest, protest”.

Mr Tacopina said that if the former president wasn’t running for another White House term, a charge would never have been brought against him.

Mr Tacopina claimed that the statutes of limitations have expired in the case and said that Mr Bragg is trying to bring unrelated matters into the case to boost the charges against Mr Trump.

“We do all know that it has to do with a confidential settlement agreement – a completely legal confidential settlement agreement with Stormy Daniels, and her [lawyer].

“[Mr Trump’s former lawyer] Michael Cohen and [Ms Daniels’ lawyer] signed that together, Donald Trump did not,” Mr Tacopina said. “We do know it has to do with that. So that’s what this is about.”

Donald Trump with adult film star Stormy Daniels in a 2006 photo. Picture: Stormy Daniels/Supplied

Mr Trump allegedly paid Mr Cohen, his former longtime “fixer” and personal lawyer, $US130,000 ($A194,000) for legal fees that were reportedly used to pay Ms Daniels in 2016.

The allegations claim Mr Trump knew the payment was going to Ms Daniels to keep her quiet during his first presidential campaign about their affair years earlier.

Mr Tacopina, however, said that the former president did not know about the deal reached by Mr Cohen and Ms Daniels’ lawyer in 2016. Mr Trump continues to insist that he never had a sexual relationship with the adult film star.

Meanwhile, longtime Trump supporter, Republican Marjorie Taylor Greene will be in New York rallying with the New York Young Republicans at a park near the courts. “Join Congresswoman Marjorie Taylor Greene and us in peaceful protest of Alvin Bragg’s heinous attack on President Donald J. Trump!” an announcement of the demonstration advertises.

TRUMP SHARES DEFIANT VIDEO MESSAGE

Mr Trump released a video message addressing his indictment by a grand jury, after previously branding his looming arrest over alleged hush money paid to Ms Daniels as a “witch-hunt”.

The defiant former US president tackled the charges in a newly released prerecorded campaign fundraising video, hours before he was spotted unwinding playing golf at a West Palm Beach club in Florida.

Supporters of Donald Trump gather near Mar-a-Lago in Palm Beach, Florida. Picture: AFP

“We are officially a third world country. No president in the history of our country has been subjected to such vicious and disgusting attacks,” Mr Trump said in the video message.

“But they only attack me because I fight for you.

“It’s very simple. They can’t buy me and they can’t control me and that scares them beyond belief.”

Donald Trump fans near Mar-a-Lago in Palm Beach. Picture: AFP

Mr Trump said he is set to be arraigned on Tuesday.

It is believed Mr Trump and his lawyers are now engaged in talks inside his Mar-a-Lago compound with New York officials about exactly how they will take the former commander-in-chief into custody, fingerprint and book him, and charge him.

A Secret Service agent stands outside Mar-a-Lago Club, the home of former US President Donald Trump. Picture: AFP

New York City’s police department has ordered its 36,000 officers to be in uniform and ready to deploy next week, NBC News reported, citing official sources.

In a social media post on Saturday, Mr Trump, referring to himself, said the “leading Republican candidate and former president of the United States will be arrested on Tuesday of next week” – though he did not say why he expects to be arrested.

His team said after Mr Trump’s post that it had not received any notifications from prosecutors.

Originally published as Donald Trump gag order ‘extremely likely’ amid hush money indictment