The judge in Donald Trump’s blockbuster hush money trial threatened to put the former president under oath to explain “threatening” posts he made on social media.
In a surprising rebuke, Judge Juan Merchán also lashed out at Trump’s lawyer, Todd Blanche, saying he was “losing all credibility” with “silly” arguments.
It came as the judge considered whether to hold Trump in contempt of court for violating a gag order that prevents him from publicly criticizing witnesses and others involved in the case.
Judge Merchan ultimately reserved his decision after a hearing on the gag order that lasted nearly two hours.
The law allows the judge to send Trump to prison for up to 30 days if he is found to have violated the gag order. Trump has said it would be a “great honor” to be imprisoned.
However, prosecutor Christopher Conroy told the court that “we are not yet seeking a prison sentence” even though “the defendant appears to be seeking that.”
Instead, prosecutors sought a $1,000 fine for each offensive social media post and an order telling Trump to remove them.
Former President Donald Trump appears in Manhattan Criminal Court on Tuesday, April 23, 2024 in New York
Former President Donald Trump awaits the start of proceedings at Manhattan Criminal Court in New York, New York, USA, April 23, 2024
Karoline Leavitt, a member of Trump’s communications team, leaves Trump Tower in New York for his hush money trial
During the hearing, Trump watched as Conroy provided the court with copies of 10 statements on the former president’s Truth Social platform or campaign website that he said violated the order.
Blanche argued that Trump believed he was not violating the order when he reposted comments made by other people.
In tense exchanges, Judge Merchan said he wanted to hear that that was, in fact, Trump’s position.
He told Blanche, “How do I know that’s your position? Are you testifying under oath that that’s your position?”
‘Is your client’s position that when he posted again, he did not believe he was violating the gag order? I’d like to hear that. Or do you just want me to accept it because you say so?
At trial, Trump is accused of falsifying business records to cover up a $130,000 payment to porn star Stormy Daniels.
The payment was to buy her silence about an alleged sexual encounter that she claims occurred in 2006.
Trump has pleaded not guilty and also denies that such an encounter took place.
He has been under a gag order imposed by Judge Juan Merchán that prevents him from publicly attacking witnesses, prosecutors and family members of court staff.
However, on his social media site, Trump has called Cohen and Daniels “two sleazy guys who, with their lies and misrepresentations, have cost our country dearly.”
Trump has also made public statements about the jury.
Trump in court for hearing on his gag order
Trump speaks to the media before going to court
Prosecutors highlighted an April 17 Truth Social post in which Trump quoted Fox News commentator Jesse Watters.
Watters was quoted as saying that “covert liberal activists (are) lying to the judge so they can serve on Trump’s jury.”
Conroy said Trump added the part about jurors lying to get on the jury.
Watters was quoted as saying that “covert liberal activists (are) lying to the judge so they can serve on Trump’s jury.”
Waters went on air at 5.08pm and Trump’s post was at 5.36pm that day, the court heard.
Conroy said: ‘The next day was the day Juror No. 2 came in and said, “I don’t think I can do this anymore because of the things I’ve been hearing.”
“We ended up losing the jury. What happened was what this order was supposed to prevent. This defendant doesn’t care.
Blanche said there There was “absolutely no intentional violation of the gag order” at the 10 posts and that Trump had been responding to political attacks against him.
Judge Merchan then became testy as he reviewed the 10 positions.
In each case, the judge asked Blanche what specific attacks Trump was responding to.
At one point, Blanche responded: “I don’t have a particular Tweet” and “Your honor says timing matters.” Because?’
Trump appears in court with his lawyer Todd Blanche
Todd Blanche and Judge Juan Merchan had a heated exchange
Republican presidential candidate and former US President Donald Trump walks with his lawyer Todd Blanche.
Judge Merchan intervened: —I am the one who asks the questions. I keep asking them over and over again for a specific example and I don’t get a specific example.’
The judge turned to a post in question in which Trump called Cohen a “disgraced lawyer and criminal.”
Blanche said Trump was expressing that he was “extremely frustrated with both systems of justice in this courtroom.”
Judge Merchan responded: “Are there two systems of justice in this courtroom?”
He went on to dismiss the suggestion that Trump’s posts did not violate the order because no immediate action was taken against him.
“The idea that because the people or the court don’t take action that the gag order is void,” Judge Merchan said, adding, “That’s just nonsense.”
The judge added: “He has not presented anything.”
He said: “Mr Blanche, you are losing all credibility with the court.”
Judge Juan M. Merchán poses in his office in New York, March 14, 2024
Republican presidential candidate and former President Donald Trump gestures as he walks in Manhattan Criminal Court in New York, Tuesday, April 23, 2024.
Conroy, the prosecutor, said: “The defendant has repeatedly violated this order and has not stopped.”
He said Trump’s attacks “represent a very real threat to the integrity of judicial proceedings by intimidating the defendant’s direct targets.”
The prosecutor said Trump had also violated the gag order for the 11th time the night before “on camera.”
That happened “here in this building right outside those doors, in a corral from which he has held press conferences.”
He was referring to statements in which Trump said that Michael Cohen, who will be the star witness in the case, “was not a very good lawyer” and accused him of having been “caught lying.”
New York Supreme Court Justice Juan Merchán hears evidence
Former US President Donald Trump watches as New York prosecutor Christopher Conroy speaks before Judge Juan Merchan during a hearing to discuss a gag order.
Conroy said: “The court should warn the defendant that this will not be tolerated and remind him that imprisonment is an option.”
“He’s having his day in court, but he’s doing everything he can to undermine this process.”
In an earlier hearing, Judge Merchan had already reprimanded Trump for mumbling loud enough to be heard by potential jurors and for gesticulating animatedly in court.
“I will not allow any juror to be intimidated in this courtroom,” Judge Merchan told Trump during an earlier hearing.
On Tuesday, jurors will also hear testimony from former National Enquirer editor David Pecker.
Prosecutors say he participated in a “catch and kill” scheme to suppress unflattering stories about Trump and help him get elected.
The National Enquirer paid former Playboy magazine model Karen McDougal $150,000 for the rights to her story about a months-long affair with Trump in 2006 and 2007. It then did not publish the story. Trump has denied an affair with McDougal.