The judge overseeing former President Donald Trump’s criminal prosecution in New York found him in contempt of court for violating a gag order for the tenth time, warning on Monday that future violations might result in jail time.
Judge Juan Merchan claimed Trump broke his order on April 22 when he commented on the jury’s political makeup.
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“That jury was picked so quickly—95% Democrats,” Trump remarked in an interview with the network Real America’s Voice. “The area is mostly Democratic.” “It’s a very unfair situation, that I can tell you.”
In his written order, Merchan stated that Trump’s remarks “not only called into question the integrity, and thus the legitimacy, of these proceedings, but also raised the specter of fear for the jurors’ and their loved ones’ safety.”
He assessed a $1,000 fine, the maximum allowable under state law. Merchan penalized Trump $9,000 last week for nine infractions found in his social media and campaign website posts. He warned Monday that the fines were not having the desired deterrent impact and that Trump may face jail time for future offenses.
“Going forward, this court will have to consider a jail sanction if it is recommended,” Merchan remarked from the bench as the trial continued on Monday.
He stated that imprisoning Trump was “the last thing I wanted to do,” as it would interrupt the trial and provide issues for the Secret Service and court officials tasked with protecting the former president.
“The magnitude of such a decision is not lost on me,” he said. However, the gag order violations “constitute a direct attack on the rule of law—I cannot allow that to continue.”
Trump faces 34 counts of falsifying company documents and has pleaded not guilty.
The Trump gag order
Merchan imposed the original gag order in March, before the trial began. It prohibited Trump from commenting on possible witnesses, jurors, court officials, prosecution lawyers, or anyone else involved in the case. After Trump insulted his daughter for working with Democratic candidates and progressive causes, the court amended the injunction to include his own family members.
The gag order does not bar Trump from disparaging Merchan or the Manhattan district attorney, Alvin Bragg.
Merchan determined that Trump breached the order in nine of the ten instances mentioned by prosecutors in prior arguments last week. In Monday’s judgment, he considered four further alleged infractions but determined that only one breached his gag order.
The other three instances included two comments Trump made about Michael Cohen, his former attorney and a major witness in the case, as well as one about David Pecker, a prominent media executive who testified earlier in the trial. Trump referred to Cohen as a “convicted liar” and stated during a campaign event that Pecker “has been very nice.”
Merchan determined that the three incidents did not constitute violations. He stated that the remarks concerning Cohen could be considered “protected political speech made in response to political attacks.” Similarly, Merchan said he couldn’t tell whether the statement regarding Pecker “constituted a veiled threat to Mr. Pecker or other witnesses.”
However, Trump’s interview with Real America’s Voice violated the order, according to Merchan, who has repeatedly told Trump not to discuss jurors.
“This Court concludes that [prosecutors] have proven the elements of criminal contempt beyond a reasonable doubt.” “This Court’s expanded order is lawful and unambiguous,” he stated. “Defendant violated the order by making public statements about the jury and how it was selected.”
Merchan also threatened Trump with jail time for future infractions of last week’s contempt order. He restated that warning on Monday but said he would not imprison him for the latest breach because it occurred after his initial decision.
“Because the offensive statement was made prior to this Court’s decision of April 30 and because the people are seeking only a monetary fine, the Court will, once again, fine the defendant $1,000,” he wrote. “However, because this is now the tenth time that this Court has found Defendant in criminal contempt, spanning three separate motions, it is apparent that monetary fines have not, and will not, suffice to deter Defendant from violating this Court’s lawful orders.”
Trump, Merchan wrote, “is hereby put on notice that, if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration.”
