NEW YORK (NewsNation) — Prosecutors asked New York Judge Juan Merchan on Tuesday to hold former President Donald Trump in contempt of court for allegedly violating a gag order at least 10 times in his hush money trial.
Prosecutors claim Trump wrote or said negative things in social media posts about witnesses, jurors, and others involved in the case, and asked Merchan to fine the former president $1,000 for each violation.
Todd Blanche, Trump’s attorney, has refuted the prosecution’s claims, asserting that Trump understands the gag order and there was no willful violation.
Merchan did not immediately rule, but he seemed skeptical of a defense lawyer’s arguments that Trump was merely responding in his posts to others’ attacks and had been trying to comply with the order.
If Merchan finds him in contempt, Trump could be issued a fine, sent to jail — which is unlikely — or receive a stern warning to stop.
Tuesday’s hearing took place without the jury present prior to the resumption of testimony in the trial.
The posts in question
The prosecution claims Trump violated the gag order with eight posts on Truth Social and two on his campaign website.
NewsNation’s partner The Hill reports that eight posts take aim at Trump’s former attorney and fixer, Michael Cohen. Additionally, two posts are about adult film actress Stormy Daniels and is focused on prospective jurors.
Four were posted in the lead-up to Trump’s trial, and six were posted during jury selection, The Hill reported.
What’s included in Trump’s gag order?
In an order first made in March and then revised April 1, Merchan barred Trump from making public statements about probable trial witnesses “concerning their potential participation in the investigation or in this criminal proceeding.”
Merchan’s order didn’t give specific examples of what types of statements about witnesses were banned. He noted the order was not intended to prevent the former president from responding to political attacks.
The gag order also barred Trump from making public statements of any type about jurors, court staff, lawyers in the case or relatives of prosecutors or the judge. Trump is allowed to make critical comments about the judge himself and Manhattan District Attorney Alvin Bragg.
First witness testimony
In opening statements Monday, Assistant District Attorney Matthew Colangelo told the jury, “This case is about a criminal conspiracy” by Trump to “corrupt the 2016 election.”
He added that Trump “covered up that criminal conspiracy by lying in his New York business records over and over and over again.”
After the prosecution, Blanche told jurors, “The story you just heard, you will learn, is not true.” He added: “Use your common sense. You’re New Yorkers, that’s why you’re here.”
Prosecutors continued questioning their first witness, David Pecker, who they claim is a key player in a “catch-and-kill” scheme to buy and then bury harmful stories about Trump during the 2016 election, on Tuesday.
Pecker, the former publisher of the National Enquirer and longtime Trump ally, allegedly helped arrange hush money payments to Daniels, whose real name is Stephanie Clifford, to cover up an alleged affair.
Prosecutors brought up Dino Sajudin on Tuesday. Sajudin is the former doorman at Trump’s penthouse, who wanted to sell a story to the tabloids claiming Trump fathered a child with the housekeeper. While the story was not true, the National Enquirer bought it. Prosecutors showed the court internal payments made to Sajudin in 2015.
Pecker testified that while he previously talked to Cohen a handful of times a month, as the 2016 election ramped up, these turned into weekly occurrences. When there was an issue, Pecker said, he would sometimes talk to Cohen several times a day.
One of these instances included one where a former Playboy model, Karen McDougal, wanted to sell her story about an alleged, months-long affair with Trump. After learning about McDougal’s story, Pecker said, he called Cohen.
What happens if Trump is convicted?
Trump faces 34 felony counts of falsifying business records and arranging hush money payments to Daniels. These payments were allegedly aimed at concealing a sexual encounter Trump is accused of having with Daniels.
The charges center on a $130,000 payment that was allegedly made through Cohen shortly before the 2016 election.
Trump has repeatedly denied any wrongdoing and said he will testify if needed.
The charges are punishable by up to four years in prison — though it’s unclear if the judge would seek to put Trump behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he wouldn’t be able to pardon himself if found guilty.
The Associated Press contributed to this report.