As former President Donald Trump's historic criminal trial gets underway in New York this week, the CBS News Confirmed team has been tracking potentially misleading narratives that have gained some traction on social media. Here are three of the viral claims that have emerged during the trial so far and what to know about them.
Claim 1: Judge Juan Merchan won't let Trump go to his son's graduation
On Monday, Trump posted to his nearly 7 million followers on Truth Social that Judge Juan Merchan, who is overseeing the trial, likely will not allow him to go to his 18-year-old son Barron's graduation in May.
"Who will explain for me, to my wonderful son, Barron, who is a GREAT Student at a fantastic School, that his Dad will likely not be allowed to attend his Graduation Ceremony, something that we have been talking about for years," Trump wrote in a post that had garnered over 18,000 likes by Tuesday.
The claim was echoed by others online, including his son Eric Trump, who posted on X that "Judge Merchan is truly heartless in not letting a father attend his son's graduation."
The details
Judge Merchan is yet to decide on whether Trump can attend his son's graduation. However, he hinted on Monday that he is open to the idea, although if the trial is delayed, he may not permit it. According to a court transcript excerpt obtained by CBS News' Graham Kates, Judge Merchan stated:
Regarding counsel's request to adjourn on Friday, May 17th for Mr. Trump to attend his son's high school graduation and Friday June 3rd for a defense team member to attend their son's graduation, I cannot make a decision on those requests at this moment. It will depend on our progress and the trial timeline. If we are on track without unnecessary delays, then we may adjourn for one or both of those days. However, if we are falling behind, we will not be able to do so.
Statement 2: Stormy Daniels refutes allegations of affair with Trump
In a tweet dated April 10, which was highlighted by Manhattan District Attorney Alvin Bragg on Monday as a potential breach of Trump's gag order, Trump stated:
Rep. Marjorie Taylor Greene, Republican operative Roger Stone, and others posted the same image on X, garnering over 60,000 "likes."
The details
Despite Trump presenting it as new, the letter from Daniels has been public since January 2018 — and she has since admitted it was false. In March 2018, Daniels appeared on "60 Minutes" revealing that she was coerced by former Trump lawyer Michael Cohen and others into signing and releasing the letter. Daniels confessed to having had a relationship with Trump.
During her interview with Anderson Cooper on "60 Minutes," she stated:
Anderson Cooper: So you signed and released a statement saying, 'I am not denying this affair because I was paid in hush money. I'm denying it because it never happened.' Was that a lie?
Stormy Daniels: Yes.
Anderson Cooper: If it was untrue, why did you sign it?
Stormy Daniels: Because they made me feel like I had no other choice.
She also expressed concerns to Cooper about potential legal consequences if she refused to sign the letter.
She recalled the exact words used, "'They can make your life hell in many different ways.'" Daniels believed that "they" referred to Michael Cohen.
Claim 3: Trump's gag order is unconstitutional
Trump expressed on Truth Social Monday, stating, "This Crooked Judge has GAGGED me. Unconstitutional! The other side can talk about me, but I am not allowed to talk about them!" This claim gained traction on social media platforms.
The facts
Judge Merchan's April 1 gag order restricts Trump from discussing witnesses, court staff, the family members of court staff, Manhattan District Attorney Alvin Bragg's family, or Judge Merchan's family. The judge justified the order by stating that Trump's language could potentially impede the proper functioning of jurors, lawyers, and court employees.
In the gag order, Merchan criticized Trump for targeting the family members of court officials and attorneys involved in his cases. The judge emphasized that such actions instill fear in those participating in the legal proceedings, suggesting that they and their families are subject to Trump's attacks.
However, Trump retains the ability to critique Judge Merchan or Bragg. Additionally, the former president is permitted to publicly discuss the case and characterize the trial as politically motivated if he chooses to do so.
According to many legal experts, Judge Merchan's gag order is considered lawful and does not impede on Trump's First Amendment rights. Duncan Levin, a former district attorney's office employee, mentioned to Politifact that gag orders, barring a few exceptions, have historically been deemed compliant with the First Amendment. He stated, "[Trump] is permitted to talk about the criminal justice system but is not allowed to launch personal attacks against specific individuals involved in the case."
On the other hand, Trump's legal team has contested the gag order, arguing that it violates his constitutional right to free speech. The decision on Trump's appeal to revoke the gag order will now be deliberated by a five-judge panel.
