During the contempt hearing on Thursday morning, the legal team representing the former president attempted to shift the blame for some of Mr. Trump’s potential violations onto Michael Cohen. They argued that Cohen, Trump’s former attorney and a potential star witness in the case, has made numerous and repeated attacks on his own credibility and on the credibility of the campaign.
“I’m curious, did he violate the gag order? That’s what I want to find out,” he questioned. “He openly discussed the jury, claiming that 95 percent of them were Democrats and insinuating that they were rushed through. It seems like he was questioning the fairness of the jury.”
Earlier this month, Manhattan prosecutors accused Mr. Trump of violating the gag order four times in just three days. These violations included making statements right outside the court’s doors and targeting the seated jury. The judge was still considering whether to impose sanctions for previous breaches of the order.
He faced a fine of $9,000 and the possibility of jail time if he continues to violate the gag order. On Tuesday, he was penalized for nine other infractions.
The prosecutors are currently requesting the judge to impose a fine of $1,000 for each of the four newly alleged violations.
Judge Merchan responded to Mr. Trump’s legal team, expressing his disbelief at their claim that the scrutiny was outrageous. He made it clear that no one was telling their client where to stand on that day.
“Judge,” Mr. Blanche said, pausing briefly. “I concur with that.”
During an 11-minute interview with a Pennsylvania TV station that aired on 23 April, Mr. Trump also took the opportunity to criticize Cohen.
He said that Michael Cohen is a convicted liar and does not have any credibility at all.
During the court hearing on Thursday, Assistant District Attorney Christopher Conroy emphasized the significance of this particular moment, stressing that it is crucial to ensure the protection of the proceeding.
According to Mr. Blanche, Mr. Trump cannot simply keep saying “no comment” repeatedly.
Mr. Blanche, the lawyer representing Cohen, confidently presented to the judge a series of social media posts made by his client. He pointed out that Cohen’s posts were “almost daring” his former client to retaliate against his comments.
“Donald has been facing some challenging days recently, almost like weathering a storm,” the president remarked.
Judge Merchan disregarded the defense’s argument, stating that the gag order does not prohibit him from responding to Mr. Biden.
During his interview with Real American’s Voice, prosecutors have raised concerns about another alleged violation by Mr. Trump.
In the interview, Mr. Trump expressed his belief that the jury selection process was conducted hastily, with a high percentage of Democrats involved.
After the jury was selected, Mr. Trump made those comments. The judge reprimanded him in court for audibly commenting about a juror and gesturing towards her.
On April 16th, the judge made it abundantly clear that he would not tolerate any form of intimidation towards the jurors in the courtroom. He emphasized his stance by stating, “I will not have any jurors intimidated in this courtroom. I want to make that crystal clear.”
On April 23rd, just hours before former National Enquirer publisher David Pecker resumed his trial testimony, Mr. Trump made a statement in which he described David as “very nice” and a “nice guy”.
According to Mr. Conroy, the defendant is well aware of his actions. He strategically praises the testifying witness and does so specifically when the camera is present.
During his rallies in Wisconsin and Michigan on Wednesday, Mr. Trump managed to navigate around the restrictions of the gag order. However, he did not shy away from criticizing the judge, as the judge and prosecutors are still fair game for criticism. It is important to note that the gag order prevents him from openly discussing witnesses, jurors, court staff, and their families.
In Wisconsin, he labeled Judge Merchan as “crooked” and “conflicted”.
“I have to do two of these things every day, you know why? Because I’m constantly in New York dealing with the Biden trial,” Mr. Trump stated in Michigan, reiterating an unfounded conspiracy that Mr. Biden is orchestrating his legal matters.
“It’s a sham trial. They use it as an attempt to strip you of your abilities, to deprive you of your chosen representative.”
The former president has already incurred fines amounting to $24,000 for breaching trial gag orders in both his criminal case and civil fraud trial. Justice Arthur Engoron imposed a penalty of $15,000 for Mr. Trump’s comments concerning his court staff. Alina Habba, Mr. Trump’s attorney, made the payment on his behalf.