A gag order for Donald Trump is 'extremely likely' once he's before a judge, legal expert says

• Donald Trump can't seem to stop talking about his indictment, but he may have to soon.

• It's "extremely likely" he'll be put under a gag order, one expert said.

• Punishment in New York for criminal contempt could be a $1,000 fine or 30 days in jail.

Former President Donald Trump can't seem to stop talking about his indictment. But once he's arraigned, it's "extremely likely" that he'll have to, a former senior staffer with the Manhattan District Attorney's Office told Insider.

His freedom to rant on Truth Social and say what he wants about his case at rallies will likely change once he surrenders and appears in a Manhattan courthouse, according to Duncan Levin, who is also a former federal prosecutor with the Department of Justice.

Manhattan's Acting Supreme Court Justice Juan Merchan, who is expected to arraign Trump on Tuesday, is likely to put conditions on his release, and that's "most likely" when the judge will issue a gag order, restricting Trump from discussing the case, Levin said. If Trump violates it by speaking about the litigation outside the courtroom, he could face consequences.

Punishment for criminal contempt, under New York law, is a fine not exceeding $1,000, jail for up to 30 days or both.

"I think it's not only a possibility, but it's extremely likely that there will be a gag order in the case," said Levin, known for representing clients including Harvey Weinstein and Anna Sorokin. "Gag orders are very common in criminal cases, particularly in cases where there is an enormous amount of pretrial publicity like this one."

Trump on Thursday became the first former president to ever be indicted following an investigation into his alleged role in a hush-money payment to adult film star Stormy Daniels during his 2016 presidential campaign. He could potentially be charged in multiple other ongoing investigations.

A Trump spokesperson did not respond to a request for comment.

It's hard to imagine Trump, now a 2024 presidential candidate, not speaking about this case at one of his campaign rallies. He has already been using it in fundraising emails, Facebook ads, and in Truth Social posts, targeting Manhattan District Attorney Alvin Bragg and Merchan. His campaign is even hawking "I Stand With Trump" t-shirts along with the date of his indictment.

Trump says the case is a "Witch-Hunt" perpetrated by Democrats, that Bragg is "doing Joe Biden's dirty work," and that Merchan "HATES ME." Merchan presided over the Manhattan tax fraud case in which the Trump Organization was found guilty.

His lawyer Joe Tacopina NBC's "Today" on Friday that Trump was "initially shocked" by news of the indictment, but he is "ready to be combative" in defending himself.

A code of professional conduct precludes lawyers from out of court statements about pending litigation meant to sway a jury pool, Levin said. Their public statements are limited to routine details, such as the date of the next court appearance. But the judge is likely to issue a gag order on the lawyers from both sides, along with Trump, he said.

If there's a gag order, Levin said Trump will be "very limited" in what he's able to say, even if there may be proxies who speak for him. The court has the ability to set the rules for his conduct while he's most likely to be out on bail, pending proceedings.