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

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Trey Gowdy, Shannon Bream and Andy McCarthy discuss jury deliberations in NY v. Trump

Fox News correspondents Trey Gowdy, Shannon Bream, and Andy McCarthy discuss the jury deliberations of former President Trump's trial while outside the New York courthouse. 

Sen. JD Vance, R-Ohio, is demanding a criminal investigation into New York Supreme Court Justice Juan Merchan over his enforcement of gag orders against former President Trump during his trial. 

The Ohio Republican, a strong advocate of the former president, called on Attorney General Merrick Garland to open an investigation into Merchan, specifically for depriving Trump of his First Amendment right to free speech. 

"The public evidence suggests that an investigation is warranted at least. And all indications are that the responsible parties have their sights set, not only on rights protected by the Constitution, but on rightsholders of core federal concern, including the leading candidate for the presidency," Vance wrote in a letter to Garland. 

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Former President Donald Trump, left, and Republican candidate for Senate JD Vance greet supporters during the rally at the Dayton International Airport in Vandalia, Ohio, on Nov. 7, 2022. (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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In this courtroom sketch, Justice Juan Merchan instructs the jury before deliberations as former President Donald Trump looks on during his criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016 at Manhattan Criminal Court in New York City on Wednesday. (Reuters/Jane Rosenberg)

"On Merchan’s orders, a Republican presidential candidate has been made powerless to question the credibility of the witnesses testifying against him, the motivations of the prosecutors pursuing him, or the impartiality of the apparently conflicted judge fining him," Vance claimed. 

The Department of Justice did not provide comment to Fox News Digital in time for publication. 

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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, D.C., on May 13. (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 Wednesday. (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."