Judge Juan M. Merchan held a hearing on Tuesday morning prior to the resumption of former President Donald Trump’s hush money trial. The hearing focused on the prosecution’s request to hold Trump in contempt of court and impose a fine for allegedly violating a previously issued gag order.
The prosecution alleges that Trump violated the gag order on 10 separate occasions through various social media posts and website updates. These posts reportedly mentioned Michael Cohen, Stormy Daniels, and several reporters involved in the case.
Trump’s attorney, Todd Blanche, contended during the hearing that individuals associated with Trump curate articles presumed to resonate with his followers and subsequently repost them on Truth Social under his name. Blanche argued that reposting news articles, as seen in some of the contested posts, does not constitute a violation of the gag order.
Upon Judge Merchan’s request for case citations supporting this assertion, Blanche admitted to having none, stating that it was simply ‘common sense.’ The prosecution, however, requested $3,000 in fines ($1,000 for each of three alleged violations) and a contempt of court holding against Trump.
In general, contempt of court refers to a violation of a court order or actions that obstruct or hinder the orderly administration of justice. In the state of New York, civil contempt protects parties involved in litigation, while criminal contempt focuses on upholding the judicial system and addressing offenses against public justice rather than individual litigants.
Criminal contempt in the first degree, according to New York law, is considered a class E felony, which could potentially result in imprisonment for up to four years. However, the actual sentence may vary based on the judge’s discretion.
Judge Merchan indicated that he would not make an immediate decision regarding potential consequences for Trump. Nonetheless, he suggested that instead of seeking forgiveness, Trump should have sought clarification before engaging in social media posts or reposts that could potentially cross the line.
During a trial recess, Trump took to social media to express his disapproval of Judge Merchan and the gag order. He claimed that the judge is ‘highly conflicted’ and has deprived him of his constitutional right to free speech. In 2022, Trump was held in contempt and fined $110,000 for his delayed response to a subpoena related to the investigation that culminated in the civil fraud lawsuit. The Associated Press contributed to this news report.
