Speculation has risen as to why Donald Trump has not risked violating his gag order to attack former National Enquirer publisher David Pecker following his damning testimony in the hush money trial.

Pecker, the former head of America Media, which owns the tabloid, was the first witness to take the stand in New York in the former president’s falsifying business records trial,during which he discussed setting up an arrangement to help stop negative stories about Trump from coming out ahead of the 2016 election.

While under oath, Pecker said he had concerns about the legality of performing a so-called “catch and kill” by paying Playboymodel Karen McDougal $180,000 to keep a story about an alleged affair between her and the former president from coming out ahead of the 2016 election.