Former President Trump has once again been found to have violated a gag order, marking the 10th time he has done so. The judge overseeing the hush money case has issued a stern warning to Trump, indicating that further violations could result in jail time.
President Trump has strongly criticized the restrictions, arguing that they infringe upon his First Amendment rights to counter political criticisms. This comes as he becomes the first former U.S. president to stand trial on criminal charges.
The judge has determined that Trump violated his gag order on 10 occasions and has been ordered to pay $1,000 for each violation. While the prosecutors initially did not request jail time in order to prevent trial disruptions, the judge emphasized that the fines have not been effective in deterring further breaches.
In a firm yet compassionate tone, the judge conveyed to Trump that while incarcerating him was not their desired outcome, they had a responsibility to carry out their duties.
Merchan accused the violator of directly attacking the rule of law with their continuous violations.
In contrast to the previous set of violations, which included nine posts on Truth Social and Trump’s campaign website that were published before jury selection, the latest round of violations involves the former president’s spoken comments after the testimony began.
Prosecutors focused on Trump’s statements made in various settings, including the courthouse hallway, a campaign stop, and two media interviews.
During an interview with conservative channel Real America’s Voice on April 22, Trump violated his gag order by suggesting that he cannot receive a fair trial in deep-blue Manhattan, according to the judge.
According to Trump, the jury for the trial was selected quickly, with 95 percent of the members being Democrats. He believes that the area where the trial took place is predominantly Democratic, leading to an unfair situation.
Several judges have dismissed these arguments, refusing to grant the former president a change of venue or a delay in the trial. Merchan has been particularly emphatic in his warnings against intimidating jurors as he tries to quell the former president’s inflammatory statements.
Merchan expressed his frustration at last week’s hearing, stating that the jury is not fair. He emphasized that the comment made implied this unfairness to anyone who heard it.
During the hearing, Prosecutor Chris Conroy argued that the trial is put at risk by any statements made by Trump about the jury.
According to Conroy, he criticized the seated jury in this case openly on the media platform. Conroy emphasizes that there is no need for any inference as by discussing the jury, he puts the entire process at risk.
The judge, however, did not find Trump in contempt on Monday for three additional alleged violations targeting two important witnesses in the state: former National Enquirer publisher David Pecker and Trump’s former fixer, Michael Cohen.
During a courthouse interview on April 22, the ex-president expressed his dissatisfaction with Cohen’s representation, stating that he was not proficient in many aspects. In a subsequent interview with 6ABC Philadelphia, the former president criticized his former personal attorney, referring to him as a convicted liar with no credibility at all.
Trump’s lawyers have expressed their dissatisfaction with Cohen’s continuous social media attacks on Trump. They argue that the former president is simply defending himself against political attacks. Merchan sided with Trump, stating that he couldn’t confidently conclude that Trump’s statements were not protected political speech in response to Michael Cohen’s political attacks.
According to Trump, Pecker, the witness who was set to testify later that day, is a “nice guy.” Prosecutors interpreted this comment as a subtle warning.
Prosecutor Chris Conroy issued a stern warning to Pecker, stating, “Be nice,” as he addressed the matter at hand.
In contrast, the judge remained unconvinced, stating on Monday that he could not establish, beyond a reasonable doubt, that the statement “constituted a veiled threat.”
Judge Merchan acknowledged the argument made by the People regarding the Exhibit and agreed that seemingly harmless or even flattering words and phrases can sometimes mask a sinister intention, such as the intent to threaten, harass, or intimidate.
Determining the meaning behind a statement requires more than just the words themselves. Factors such as context, facial expressions, emphasis, and even the rhythm of speech play a crucial role in reaching a proper understanding.
Trump has filed an appeal against the gag order, asserting that it infringes upon his First Amendment rights. However, the order is currently still in effect. His legal team argues that he is not intentionally violating the order.
Trump’s attorneys challenged the order on Thursday by citing President Biden’s remarks at the White House Correspondents’ Association dinner. During the event, President Biden humorously expressed sympathy for Trump, referring to the “stormy weather” he had recently encountered. This playful comment alluded to the scandal involving Stormy Daniels, the adult film actress who received hush money and was at the center of the case.
During the trial, Trump attorney Todd Blanche pointed out an incident where President Biden discussed the trial and made derogatory remarks about President Trump. Blanche emphasized that Biden had mocked his client during a public forum.
According to the Trump attorney, the former president is unable to address Biden’s attacks in the manner he desires due to the speech restriction imposed on him.
However, Merchan argued that Biden’s remarks are not covered by the gag order.
According to Merchan, it is completely within his rights for him to provide a response to a statement made by President Biden.
The New York criminal trial has charged the former president with 34 counts of falsifying business records. The trial revolves around a hush money deal that was made with an adult film actress prior to the 2016 election, aiming to conceal an alleged affair. Trump, who has pleaded not guilty, continues to deny any involvement in the affair.