The judge in Donald Trump’s blockbuster trial has threatened to put the former president under oath to explain “threatening” messages he posted on social media.
In a stunning rebuke, Judge Juan Merchan also blasted Trump lawyer Todd Blanche, saying he was “losing all credibility” with “stupid” arguments.
It came as the judge considered whether to hold Trump in contempt of court for violating a silence 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 silence order that lasted nearly two hours.
The law allows the judge to send Trump to jail for up to 30 days if he is found to have violated the silence order. Trump said it would be a “great honor” to be imprisoned.
However, prosecutor Christopher Conroy told the court “we are not yet seeking a custodial sentence”, although “the accused appears to want to achieve that”.
Instead, the prosecution sought a $1,000 fine for each offensive social media post and an order directing 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 in Manhattan Criminal Court in New York, New York, United States, April 23, 2024.
Karoline Leavitt, a member of Trump’s communications team, leaves Trump Tower in New York for her secret trial.
During the hearing, Trump watched as Conroy handed the court copies of 10 statements posted on the Truth Social platform or the former president’s 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.
During tense exchanges, Judge Merchan said he wanted to know that this was indeed Trump’s position.
He said to Blanche, “How do I know that’s his position?” Are you testifying under oath that this is his position?
“Your client’s position is that when he reposted he did not believe he was violating the silence order? I would 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 conceal a $130,000 payment to porn star Stormy Daniels.
The payment was intended to buy her silence about an alleged sexual encounter that she said took place in 2006.
Trump has pleaded not guilty and also denies that such a meeting took place.
He is under a silence order imposed by Judge Juan Merchan, which prevents him from publicly attacking witnesses, prosecutors and relatives of court staff.
However, on his social media site, Trump called Cohen and Daniels “two sleazebags 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 silence order
Trump speaks to media before going to court
Prosecutors pointed to an April 17 Truth Social article in which Trump quoted Fox News commentator Jesse Watters.
Watters reportedly said that “undercover liberal activists are lying to the judge in order to get on the Trump jury.”
Conroy said the part about jurors lying to get on the jury was added by Trump.
Watters reportedly said that “undercover liberal activists are lying to the judge in order to get on the Trump jury.”
Waters was on air at 5:08 p.m. and Trump’s message was at 5:36 p.m. that day, the court heard.
Conroy said: “The next day Juror 2 came in and said I don’t think I can participate in this anymore because of what she had heard.
“We ended up losing the juror. What happened was what this order was supposed to prevent. This defendant doesn’t care.
Blanche said there there were “absolutely no deliberate violations of the gag order” in the 10 messages and that Trump had responded to political attacks against him.
Judge Merchan then became irritable as he went through the 10 stations.
In each case, the judge asked Blanche what specific attacks Trump was responding to.
At one point, Blanche replied “I don’t have a particular tweet” and “Your honor says timing is important.” For what?’
Trump sits 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 asking the questions. I keep asking you for a specific example and I don’t get a specific example.
The judge turned to a post at issue 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 replied: “There are two systems of justice in this courtroom?
He then rejected the suggestion that Trump’s posts did not violate the order because no immediate action had been taken against him.
“The idea that because the people or the court fails to act, the order of silence is lifted,” Justice Merchan said, adding, “It’s just silly.”
The judge added: “You have presented nothing. »
He said: Mr. Blanche, you are losing all credibility with the court.
Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024.
Republican presidential candidate and former President Donald Trump gestures as he walks outside Manhattan Criminal Court in New York, Tuesday, April 23, 2024.
Conroy, the prosecutor, said: “The defendant violated this order several times and did not stop. »
He said Trump’s attacks “pose a very real threat to the integrity of legal proceedings by intimidating the direct targets of the accused.”
The prosecutor said Trump also violated the silence order for the 11th time the night before, “on camera.”
It happened “here, in this building, right outside these gates, in a paddock from which he conducted press conferences.”
He was referring to comments in which Trump said that Michael Cohen, who will be the star witness in the case, “wasn’t very good” as a lawyer and accused him of “getting caught lying “.
New York Supreme Court Justice Juan Merchan listens to 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 accused that this will not be tolerated and remind them that incarceration is an option.
“He has his day in court but he does everything he can to undermine that process.”
At a previous hearing, Judge Merchan had already chastised Trump for mumbling loudly enough to be heard by potential jurors and for making animated gestures in court.
“I will not let any juror be intimidated in this courtroom,” Judge Merchan told Trump during an earlier hearing.
On Tuesday, jurors will also hear testimony from former National Enquirer publisher David Pecker.
Prosecutors say he participated in a “catch and kill” scheme aimed at suppressing unflattering stories about Trump and helping him get elected.
The National Enquirer paid former Playboy magazine model Karen McDougal $150,000 for the rights to her article about a months-long affair with Trump in 2006 and 2007. It then did not publish the article. Trump has denied any affair with McDougal.
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