Donald Trump has been told he risks prison if he continues to defy the judge in his New York hush money trial.
The former US president sat in a Manhattan court on Tuesday (US time) as prosecution and defence lawyers argued whether he had breached a gag order that demands he not make public comment on many of the people involved in the trial, including witnesses, out of concern he could derail the case.
At one point, Judge Juan Merchan told Mr Trump’s lawyer that his arguments were so weak he was “losing all credibility with the court”.
The gag order accusation is a sideshow to the main court event where Mr Trump, 77, is charged with falsifying business records to buy the silence of porn star Stormy Daniels over a 2006 sexual encounter that could have impacted his 2016 presidential bid.
Mr Trump has pleaded not guilty.
On Tuesday, the court also heard allegations of an elaborate plan to prevent negative stories about the then-candidate reaching the public prior to the election with the day’s main witness saying Trump fretted that quashed stories “always get out”.
Former US president and Republican presidential candidate Donald Trump, flanked by lawyer Todd Blanche (L) arrives at Manhattan Criminal Court. Picture: Brendan McDermid / POOL / AFP
Jail time
The trial was delayed on Tuesday while the judge heard arguments about Mr Trump’s use of social media.
“His attacks on witnesses clearly violate the order,” prosecution lawyer Chris Conroy told Judge Merchan at the hearing to determine whether the former president should be held in contempt of court.
“He knows about the (gag) order, he knows what he’s not allowed to do, and he does it anyway,” Mr Conroy said.
“His disobedience of the order is wilful, it’s intentional,” he said urging Judge Merchan to impose a maximum $1540 ($US1000) fine for each of the up to 10 posts on Mr Trump’s Truth Social platform found to be in violation of the gag order and for the messages to be removed.
“We are not yet seeking an incarcerators penalty,” Mr Conroy said, but the court should, “remind him that incarceration is an option should it be necessary”.
Teh case centres around payments to adult film star Stormy Daniels. Picture: Robyn Beck / AFP
Trump responding to ‘political attacks’
Mr Trump’s lawyer Todd Blanche argued that his client’s social media posts were in response to ”attacks” and therefore were allowed under the gag order.
“There is no dispute that President Trump is facing a barrage of political attacks from all sides including from the two witnesses (Ms Daniels and Mr Cohen) who are referenced in the early posts,” said Mr Blanche.
Judge Merchan asked Mr Trump’s lawyer to indicate which specific “political attacks” he was referring too. But Mr Blanche seemed unable to find a comment or post from either that might warrant a response.
“I keep asking you over and over again for a specific answer, and I’m not getting an answer,” Judge Merchan said to Mr Blanche.
“You’ve presented nothing. I’ve asked you eight or nine times to show me the exact post he was responding to. You’ve been unable to do that even once,” the judge said at times seemingly becoming exasperated.
Former US President Donald Trump in court on April 23, 2024. Picture: Curtis Means / POOL / AFP
‘Losing all credibility’
Mr Blanche then tried to argue that of the 10 social media posts under scrutiny, seven were not violations of the gag order as they were re-posts rather than original posts.
“Re-posting an article from a news site … we don’t believe are a violation of the gag order. It’s just common sense”.
Judge Merchan was unimpressed by the lawyer’s justifications for Mr Trump’s posts or another comment by him that Mr Trump was “trying to comply” with the gag order.
“Mr Blanche you’re losing all credibility, I have to tell you right now … You’re losing all credibility with the court.”
The judge said he would reserve his decision on whether or not Mr Trump had violated the gag order.
Donald Trump gestures while walking in a hallway outside the courtroom after the gag order arguments on April 23. Picture: Brendan McDermid / POOL / AFP
Trump fretted story ‘would get out’
When the trial resumed so did the testimony of the first witness, former publisher of tabloid magazine the National Enquirer, David Pecker.
He was at the centre of an alleged “catch and kill” plan to stop negative stories about the presidential candidate reaching the public. The magazine would also go after negative stories on his presidential candidate rivals.
In August 2015, Mr Pecker said he agreed to try and quash negative stories about the presidential candidate by buying the rights to the stories – with money provided by Mr Cohen – and then simply not publishing them.
The prosecution is claiming that means any hush money payments were really about unduly influencing the minds of voters.
“I said I would be your eyes and ears, and then I said that anything I hear in the marketplace, if I hear anything about women selling stories, I would notify (Trump fixer) Michael Cohen,” Mr Pecker said.
He added he would contact Mr Trump and say words to the effect of “’This could be a very big story, so I believe that it should be removed from the market’”.
One of those payments, it’s been alleged, was to porn star Stormy Daniels to the amount of $200,000 ($US130,000) which is at the heart of the case.
Mr Pecker said Mr Trump would share with his publication information from his projects, such as US TV show The Apprentice which he presented, boosting the National Enquirer’s salesand the show’s ratings.
David Pecker, former, publisher of the National Enquirer, testified on Tuesday. PHOTO: STRINGER ./REUTERS
It’s alleged the National Enquirer quashed negative Trump stories prior to the election. (Photo by TIMOTHY A. CLARY / AFP)
Mr Pecker said at least one of the killed stories – about Mr Trump fathering a child with a Trump Tower house maid – was “1000 per cent untrue,” but a deal was done anyway to stop what he saw as false but damaging information about Mr Trump from being published.
He also said Mr Trump paid $231,000 ($US150,000) to Playboy Playmate Karen McDougal who alleged she had an affair with him.
But Mr Pecker said Mr Trump initially held back on the payment for concern the story would become public knowledge anyway.
“He said, ‘I don’t buy any stories. Any time you do anything like this, it always gets out’”.
Prosecutors did not bring charges regarding the alleged payments to Ms McDougall. But the allegations around the story – or lack of it – remain key to the case.
The case continues on Thursday, US time.
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