Trump trial: Judge threatens ex-president with jail if he keeps breaking gag order
In his hush-money trial in New York, former US President Donald Trump has once again been found in contempt of court for breaching a gag order, marking the 10th instance of such violation.
Justice Juan Merchan delivered his sternest warning yet, cautioning Trump that further infractions could result in imprisonment.
The judge emphasized the importance of safeguarding the integrity of the judicial system, expressing a firm stance against repeated violations.
This ruling represents the second instance of a gag order being enforced during the trial. Previously, Judge Merchan supported the prosecution’s position, imposing a fine of $1,000 (£796) for each of the nine previous violations.
Trump, who faces 34 counts of falsifying business records related to concealing payments to a porn actress, has maintained his innocence throughout the proceedings.
During the third week of testimony in this historic trial, Justice Merchan highlighted the apparent ineffectiveness of the $9,000 fine imposed for previous violations as a deterrent.
Consequently, he signaled the possibility of considering a jail sentence for future breaches, though prosecutors clarified they were not currently pursuing this course of action.
Acknowledging the disruptive nature of potential incarceration, Justice Merchan condemned Trump’s repeated violations as a direct assault on the rule of law. Despite the gravity of the situation, Trump remained composed in court, showing minimal reaction to the prospect of imprisonment.
Following the adjournment, Trump denounced the gag order as “disgraceful” and defiantly asserted the supremacy of the Constitution over the threat of jail time.
Prosecutors cited Trump’s social media activity, particularly his remarks questioning the fairness of the jury, as further evidence of violating the gag order.
The former president, a Republican, has repeatedly argued he cannot get a fair trial in overwhelmingly Democratic Manhattan.
BBC News reporters are in the Manhattan courtroom covering the historic first criminal trial of a former US president. You’ll find their updates and analysis on the BBC news website and app, and across TV, radio, and podcasts.
In Justice Merchan’s written ruling, he said Mr Trump was held in contempt because he made public statements about the jury and how it was selected.
He wrote: “In doing so, the defendant not only called into question the integrity, and therefore the legitimacy of these proceedings but again raised the specter of fear for the safety of the jurors and of their loved ones.”
Justice Merchan added: “Defendant is hereby put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration.”
In addition to the threat of jail time, Mr Trump was ordered to pay a $1,000 fine by the end of the day on Friday. He also has to take down the offending social media post by 14:15 ET (18:15 GMT) on Monday.
Defense lawyer Todd Blanche had defended Mr. Trump, arguing last Thursday that the gag order was unfair.
“Everybody can say whatever they want” about the trial, except for his client, Mr Blanche said.
“They’re not defendants in this case,” Justice Merchan responded. “They’re not subjected to the gag order.”
He pointed out that Mr Trump is allowed to speak. However, as a defendant “there are some things you can’t talk about”, added the judge.
Mr Blanche said Mr Trump should be able to respond to digs about the trial from President Joe Biden, his Democratic opponent in November’s White House election.
The judge countered that there was nothing in the gag order that would prevent Mr Trump from doing so.
Former presidents are entitled to lifelong Secret Service protection. In a statement, the Secret Service said Monday it provides protections “for all settings around the world” using complex and high-tech methods, but would not comment on any specific operations.
The New York Department of Corrections told the BBC it would find “appropriate housing” for Mr Trump if necessary, but keeping Mr Trump safe in jail would be a complex issue for New York officials.
Justin Paperny, director of the prison consulting firm White Collar Advice, said Mr Trump’s presence would be expensive and pose a “massive” security risk, meaning a warden would likely hold the former president in solitary confinement.
“Then there’s the risk of: do you isolate a 78-year-old man in segregation, and risk all that accompanies putting a first-time nonviolent offender in the hole?” he said. “It would be a total nightmare.”
The rest of the testimony in court – while lacking many bombshell moments on the stand – took jurors through several documents that prosecutors consider crucial.
Each of the 34 felony charges against Trump corresponds to an invoice, ledger entry, or cheque tied to reimbursing Mr. Trump’s former attorney Michael Cohen for a hush money payment Cohen made to the porn actress, Stormy Daniels.
The recording of the reimbursement is the criminal basis for the prosecution’s case, and those documents were introduced and reviewed by two – one current and one former – Trump Organization accounting executive.
Prosecutors charge that Mr Trump broke the law by falsely recording the reimbursements to Cohen as legal expenses and that he did so to cover up or commit a second crime.
The witnesses explained that once Cohen’s repayments started coming from Mr Trump’s personal account in the spring of 2017, the cheques would be sent to the White House for him to personally sign.
The defense, meanwhile, worked to distance Mr. Trump from the payments and undercut witnesses’ testimony.
One witness said the former president never directly asked him to oversee the reimbursements to Cohen and another said while she knew cheques were sent to Mr Trump to sign, she didn’t know what he did with them.
Orders had not come directly from Mr Trump, but from those who worked for him, she said.