The News
Judge Juan Merchan has once again held former president Donald Trump in contempt of court for violating the gag order in his hush-money criminal trial.
Judge Merchan fined Trump $1,000 for the violation and warned him of potential jail time should he violate the order again. Previously, the judge fined Trump $9,000 for nine other violations.
“It appears that the $1,000 fines are not serving as a deterrent,” Merchan said. “Mr. Trump, the last thing I want to do is put you in jail. You are a former president of the United States and possibly the next one as well. There are many reasons why incarceration is truly a last resort for you.”
The judge has repeatedly said he doesn’t want to jail Trump, but that he will do what he has to to “protect the dignity of the justice system,” as continued violations “constitute a direct attack on the rule of law.”
Merchan found that Trump violated the order during an April interview in which he commented on the political makeup of the jury.
SIGNALS
Merchan gives most credence to gag-order violations involving jurors
Prosecutors filed four new alleged gag-order violations with Merchan on April 30, but only one met the bar. This time, Trump broke the order speaking to conservative channel Real America’s Voice: “That jury was picked so fast — 95% Democrats,” Trump said. Merchan said Trump’s statements “raised the specter of fear for the safety of the jurors and of their loved ones.” One post he previously held Trump in contempt for echoed the unfounded theory that “undercover liberal activists” were infiltrating the jury. Merchan has taken alleged violations involving the jury most seriously. A post he previously held Trump in contempt for echoed the unfounded theory that “undercover liberal activists” were infiltrating the jury. One juror was excused from serving after friends and family, reading news reports about the trial, guessed her identity. Other jurors have raised similar concerns, fearful that their identities could be exposed.
It’s all politics, Trump team argues
Trump’s lawyers argue he must be allowed to defend himself publicly during his presidential campaign. “He can’t just say no comment repeatedly when he’s running for president,” lawyer Todd Blanche said. Trump campaign spokesperson Steven Cheung has denounced the gag order as an attack on free speech that limits Trump’s ability to “speak out” against “unconstitutional tyranny.” Trump falsely claimed last week that he’s “not allowed to testify” under the gag order. Merchan is sensitive to the former president’s rights: In his latest ruling, he rejected prosecution arguments that two of Trump’ s comments involving Michael Cohen were in violation and appeared to be protected speech.
Trump’s micromanaging could be his downfall
Trump is apparently frustrated with Blanche, his head lawyer, venting to his inner circle that Blanche “has not been following his instructions closely, and has been insufficiently aggressive,” The New York Times reported. But Trump’s displeasure and attempts to micromanage could be his downfall, MSNBC columnist Glenn Kirschner wrote: “A defendant who refuses to let his attorney do what the attorney does best risks tanking his own defense.” Some attorneys “rise to the challenge and refuse to cater to a client’s ill-advised tactical demands,” Kirschner said, but others “let the defendants call the shots — and the client often went down in flames.”