The judge overseeing Donald Trump’s hush money trial has warned him that he could be sent to jail if he continues to disregard the gag order in the case. This comes after the judge imposed a $9,000 fine on Trump for nine instances of violating the order.
In a surprising turn of events, New York justice Juan Merchan made a swift decision from the bench just moments before the second week of witness testimony began on Tuesday morning. He found the former president in contempt of court and issued a brief order, imposing $1,000 fines for nine Truth Social posts. These posts were deemed offensive as they attacked the witnesses involved in the case.
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The judge’s written order includes a warning to Mr. Trump about the potential consequences of his ongoing violations of the court’s order. The judge specifically mentions the possibility of “incarceratory punishment” if necessary and appropriate given the circumstances.
In addition, he proposed that Mr. Trump may potentially encounter more stringent sanctions if the financial penalties prove insufficient in deterring the billionaire defendant.
According to Judge Merchan, a fine of $1,000 may be enough to uphold the dignity of the judicial system, enforce compliance with court orders, and impose penalties on those who disobey. However, this amount may not be effective in cases where the offender has the financial means to easily afford such a fine.
He added that in such situations, it would be better if the court could impose a fine that is more proportional to the wealth of the individual being held in contempt.
The court must assess varying fines based on the severity of the case, ranging from $2,500 to $150,000. However, since this court lacks the discretion to impose fines, it must contemplate whether incarceration may be warranted in certain situations.
By Tuesday afternoon, Mr. Trump was instructed to remove the posts on Truth Social and make the necessary deletions. Additionally, he was required to settle the fine by Friday.
The posts were taken down just 30 minutes before the 2:15 pm deadline.
Manhattan prosecutors have accused Mr. Trump of violating the trial gag order by making at least 10 different posts on his Truth Social platform and campaign website. These posts specifically targeted key witnesses, such as Michael Cohen and Stormy Daniels.
Mr. Trump’s former attorney and “fixer,” Cohen, and the adult film star, Ms. Daniels, are key figures in the scheme at the center of the case. They are both anticipated to provide testimony regarding Mr. Trump’s alleged involvement in a plot to conceal hush money payments to Ms. Daniels by falsifying business records prior to the 2016 election.
Allegedly, payments were made to silence Ms Daniels regarding her alleged affair with Mr. Trump in 2006.
According to prosecutors, the payments were a part of a scheme that lasted for several months. The purpose of this scheme was to suppress politically damaging stories about alleged affairs in order to increase his chances of winning the 2016 presidential election.
Mr. Trump has been consistently lashing out at various individuals involved in the trial, including witnesses, court staff, the judge, and Manhattan District Attorney Alvin Bragg. These attacks have prompted the judge to expand the existing order.
During the previous week, a hearing was conducted by the judge to listen to arguments from both parties, following the prosecution’s accusation that Mr. Trump had violated the gag order on ten occasions.
During the hearing on 23 April, defense attorney Todd Blanche contended that Mr. Trump’s posts were a direct response to “political” attacks. However, he failed to provide any specific examples of the attacks that prompted Mr. Trump’s response.
Judge Merchan seemed completely unconvinced.
“You haven’t presented anything,” he bluntly told Mr. Trump’s attorney. “Your credibility is rapidly diminishing, I must say.”
According to Manhattan assistant district attorney Christopher Conroy, Mr. Trump has a tendency to say whatever he wants in order to achieve his desired outcomes.
According to him, Mr. Trump is deliberately and knowingly violating the clear and unambiguous boundaries set by the court.
The prosecutors have requested the judge to hold Mr. Trump in contempt and impose a fine of $1,000 for each violation. They also urge the judge to order him to remove the posts in question, highlighting the possibility of jail time if he fails to comply.
Prosecutors have now accused Mr. Trump of four additional violations that occurred during the first days of witness testimony. This brings the total number of alleged violations to 14 since the initial order was issued last month. These violations include statements made by Mr. Trump just outside the courtroom’s doors.
According to Mr. Conroy, Mr. Trump’s continuous statements deliberately violate this court’s directives and target specific individuals, which calls for sanctions.
Judge Merchan has scheduled another hearing for the four newly alleged violations on 2 May.
During the second day of the trial, as the process of jury selection was taking place, the judge took a moment to directly caution Mr. Trump about refraining from any actions that could potentially intimidate the jurors in his courtroom.
Mr. Trump is prohibited from making public statements about witnesses, jurors, and other individuals associated with the case due to a protective order. However, Judge Merchan has now extended this order to also include public statements about the families of the judge and Mr. Bragg’s office.
The first week of witness testimony in the trial concluded on Friday with astonishing revelations. The testimony provided compelling evidence linking the former president to an alleged scheme aimed at unlawfully influencing an American election. What makes this case even more alarming is the backdrop of intimidation, as the candidate-turned-defendant is said to have made threats towards jurors and the witnesses who were gathered against him.
According to prosecutors, Mr. Trump is facing 34 charges of falsifying business records. These charges are related to an alleged scheme in which he attempted to silence adult film star Stormy Daniels. It is believed that her story of an alleged affair with Mr. Trump posed a threat to his chances of winning the 2016 election.
The imposition of a gag order during his criminal trial comes after the implementation of similar orders in his civil fraud case and his federal election interference case. Prosecutors have expressed concerns about his potential use of social media to incite attacks.
According to court documents filed by special counsel Jack Smith’s team, they described the dynamic as a pattern that has been ongoing for years. This pattern involves individuals who are publicly targeted by Mr. Trump facing harassment, threats, and intimidation.
According to the filing, the former president is actively leveraging this well-known dynamic to his advantage. The filing further states that this strategy has remained consistent throughout the progression of this case, as well as other unrelated cases involving the defendant.
Gag orders were put in place in the fraud case in New York, effectively preventing Mr. Trump, his attorneys, and all other parties involved from making any negative comments about court staff.
The court imposed a fine of $15,000 on him for disregarding the order, which was later paid by his attorney, Alina Habba.
The gag orders in his fraud trial were upheld by a state appeals court, despite the fact that court filings detailed the numerous credible death threats and abusive messages that ensued following Mr. Trump’s attacks on court employees and others.
According to an affidavit filed by an official from the Department of Public Safety in the New York court system, the implementation of limited gag orders in the fraud case led to a reduction in the number of threats, harassment, and disparaging messages received by the judge and his staff.
According to Justice Arthur Engoron, the threats made against him and his clerk, Allison Greenfield, were not hypothetical or speculative, but rather serious and credible.
