Donald Trump's gag order shakes up the debate

The nation will be on alert Thursday for the 36th televised presidential debate, the first debate in history where one of the candidates remains under a court-imposed gag order.

Former President Donald Trump will come face-to-face with President Joe Biden tonight for the first time in nearly four years.

Trump notably withdrew from all five Republican primary debates held last year and earlier this year. CNN, which is hosting the debate, has not revealed what topics will be covered, but there will be comments Trump will have to avoid in order to comply with the existing gag order on his hush-money case.

Since March, Trump has been restricted from commenting on witness and juror testimony in the case. He is also prohibited from attacking prosecutors, court staff and their families. During the trial, Trump was fined $10,000 and threatened with jail time for violating the order 10 times.

However, following his conviction last month, his team urged Judge Juan Merchan to lift the gag order, arguing that it is no longer justified and emphasizing Trump’s need for “uninhibited campaign advocacy” as the presumptive Republican nominee. Merchan agreed Tuesday — two days before the debate — to partially lift the order, allowing Trump to comment on witnesses and the jury as long as he does not reveal the jurors’ identities.

It remains to be seen, however, whether the change will help or hurt Trump in Thursday's debate.

Former President Donald Trump speaks in Washington, DC on June 22. Trump will take the stage for the debate on Thursday for the first time since becoming president. Former President Donald Trump speaks in Washington, DC on June 22. Trump will take the stage for the debate on Thursday for the first time since becoming president. Samuel Corum/Getty Images

Republican strategist Alex Patton told Newsweek that because Trump “has almost never shown self-control,” it's likely that the previous gag order and the fines he threatened have “bottled up some of the stuff that he's going to spew.”

“He won't be able to control himself, and it'll be the same old tired act from a show that's dragged on too long,” Patton said.

Political consultant Jay Townsend acknowledged that pundits have never been able to predict what Trump would say and that even when there are “guardrails” in place, the former president “often finds[s] a way to break them.

“The removal of the silence just means he won't be fined for saying that,” Townsend told Newsweek.

But while some believe that easing the gag order will give Trump a chance to express his frustrations with the Manhattan trial and conviction, GOP strategist Matt Klink told Newsweek that it would more benefit Biden than Trump.

“This decision is a gift to Biden, and the current president hopes that Donald Trump will take the bait,” Klink said.

“President Biden's campaign team needs the election to focus on Donald Trump's less than desirable personality traits: felony convictions, harsh and inflammatory language, and threat to democracy,” he added.

“Since Donald Trump is now 'free' to comment on the matter, Joe Biden hopes that Trump will focus a significant part of his energy on this subject and not on areas in which Joe Biden is vulnerable: the economy, an open border, the high cost of consumer goods and an increasingly unstable world. »

Among the top issues of concern for undecided voters in key states are the economy and foreign policy, topics that have long dominated U.S. presidential debates. Voters also indicated that immigration and abortion rights have become major concerns for the electorate.

Townsend said it would be wiser for Biden to focus on those major election issues rather than attacking Trump over his legal troubles. He also said Biden could benefit from reminding voters of life during the Trump years, particularly his opponent’s response to the pandemic.

“Most Americans know that Trump has trouble with the law and has been convicted of 34 crimes,” he said. “Many have forgotten how serious the COVID crisis was. We win elections with information that voters do not yet know or have forgotten. »

“Biden needs to let voters know where he wants to take the country, to offer a clear vision of what America can be,” Townsend said.

Although Trump's guilty verdict has dominated the news, recent polls indicate it may not be a deciding factor for many Americans.

A New York Times/Siena College poll released on the eve of the debate found that Trump's trial made no difference to more than two-thirds of voters, and that about 90 percent of Republicans still had a favorable view of the former president.

But there were some warning signs.

Twice as many people said the conviction made them more likely to oppose Trump than support him. A majority of independents also said Trump received a fair trial.

Prosecutors in Trump's classified documents case also implored Judge Aileen Cannon to impose a limited gag order on the former president, arguing at a hearing earlier this week that a gag order was necessary to prevent Trump from inviting a “violent act” by law enforcement officers involved in the case.

Cannon did not rule from the bench, so while such a decision could be made later, it will not be in effect when Trump takes the stage on Thursday.

The first presidential debate will be moderated by CNN's Jake Tapper and Dana Bash and will be held in Atlanta, Georgia. A second debate is scheduled for September 10. It will be hosted by ABC News with David Muir and Linsey Davis as moderators.

Uncommon knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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