During the ongoing criminal trial of former President Donald Trump in New York, prosecutors pressed the judge on Thursday to take action against the defendant for additional alleged breaches of a gag order that restricts his comments about individuals involved in the case.
In a heated courtroom session with Trump present, attorneys from Manhattan District Attorney Alvin Bragg's team informed Judge Juan Merchan that Trump had violated the order on four separate occasions in recent weeks.
Earlier this week, Merchan found Trump in contempt of court for nine social media posts and content on his campaign website that mentioned potential witnesses. The judge imposed a $1,000 fine per post, the maximum penalty allowed by state law, and cautioned Trump that further violations could result in imprisonment.
On Thursday, Bragg's office once again requested that the judge levy a $1,000 fine for each breach, although they clarified that they were not seeking incarceration as a consequence.
Prosecutors brought the additional alleged violations to the judge's attention last week, before he held Trump in contempt. Two involved comments about Michael Cohen, Trump's former lawyer who is expected to be a key witness at trial. Another cited comments he made about David Pecker, who testified on the stand last week. The fourth referenced remarks Trump made about the jury.
The contempt hearing
Christopher Conroy presented the prosecution's argument for holding Trump in contempt for the additional alleged violations.
"The order was issued because of the defendant's persistent and escalating rhetoric aimed at participants in this proceeding," Conroy said. "He's already been found to have violated the order nine times, and he's done it again here."
He referenced Trump's comments about Pecker, the former media executive who testified about his involvement in the "catch and kill" scheme to suppress negative stories about Trump in 2015 and 2016. At a campaign stop last week, Trump he thought Pecker had been "very nice."
"The defendant knows what he's doing. He talks about the witness, says nice things, does it in front of cameras," Conroy said. "The [question] he answered was about the witness who was testifying. It was deliberate and it was calculated."
Conroy said prosecutors weren't seeking jail time for the additional violations, since they "prefer to minimize disruptions to this proceeding" and because the comments at issue came before Merchan held Trump in contempt for his earlier posts. Conroy asked Merchan to again fine Trump $1,000 per violation.
During a recent court hearing, Todd Blanche, representing Trump, contended that the gag order imposed on his client unjustly restricts his ability to counter political criticisms. Blanche highlighted a joke made by President Biden at the White House Correspondents Dinner regarding Stormy Daniels, emphasizing that Trump would be prohibited from making a similar remark due to the gag order. He also drew attention to the media's coverage of the trial, asserting, "Everyone can say whatever they want, except President Trump."
Addressing Cohen, Blanche accused him of provoking Trump to respond to his statements through personal attacks, ridicule regarding the trial, and remarks about his candidacy. Blanche referenced numerous social media posts and podcast appearances by Cohen, who recently announced his decision to abstain from commenting further during the trial.
"This individual does not require protection from the gag order," Blanche contended.
During a recent TV interview, Merchan made a comment that prosecutors claim violated his order. Trump criticized the jury selection process, stating that it was done quickly and composed mostly of Democrats. He expressed his view that the trial was unfair.
Blanche defended Trump's statement, stating that it did not violate the gag order as he was not targeting a specific juror. Merchan appeared frustrated and urged Blanche to conclude her remarks. Trump's attorney argued that Cohen and Daniels should not be protected by the gag order.
Merchan did not immediately issue a ruling on the matter, and the trial continued with testimony from Keith Davidson, who represented Daniels in negotiations regarding the sale of her story in 2016.
