Fines and Jail Threats Loom for Trump Over Gag Order Violations, Could Bolster Prosecution’s Case
Former President Donald Trump faces potential legal consequences for violating a gag order in his ongoing criminal trial, with prosecutors seeking $1,000 fines for multiple social media posts. Additionally, the prosecution may use Trump’s statements as evidence of his disregard for the legal proceedings, potentially swaying the jury against him. Legal experts suggest that the prosecution may also withhold witness information and use Trump’s statements to discredit him and influence the jury.
Manhattan District Attorney Alvin Bragg’s prosecution team has requested that the judge penalize Trump for at least 10 posts on his social media account and campaign website, alleging that these posts represent a “deliberate flouting” of the court’s prohibition against commenting on the trial. Former federal prosecutor Ankush Khardori, however, believes that the fines may not deter Trump from continuing his social media commentary.
“It appears to be to try to impose some sort of deterrent effect on him, even in a limited capacity — it doesn’t seem like it would be that effective,” Khardori said. “It’s not that much money.”
To further compel Trump’s compliance, Khardori suggests that prosecutors could withhold witness information from the defense. Additionally, he believes that the prosecution should gather Trump’s statements that disparage witnesses or the jury and use them as evidence of the president’s supposed disregard for his actions and the fair administration of justice.
Trump Claims Gag Order Unprecedented, Experts Disagree
Trump has claimed that the gag order imposed on him is unprecedented and unconstitutional. However, Karen Friedman Agnifilo, a former Chief of the Trial Division at the Manhattan District Attorney’s Office, argues that the order is similar to a federal gag order imposed on Trump in the Jan. 6 election subversion case, which was upheld by the D.C. Court of Appeals.
Agnifilo maintains that the gag order is necessary to ensure that witnesses and jurors are not intimidated and that the trial proceeds fairly. A ruling on whether Trump violated the gag order is expected after a contempt hearing, where prosecutors will present evidence of his social media posts as proof of his “deliberate flouting” of the court’s prohibition.
