Sally Reed
On Tuesday, the judge presiding over Donald Trump’s trial related to hush money payments imposed a $9,000 fine on the former U.S. president. The fine has been imposed on Trump for making statements deemed to breach a gag order in the proceedings.
Trump Fined For Breaching Restrictions Related To Commenting On Witnesses
Judge Juan Merchan imposed a $9,000 fine on Donald Trump for breaching restrictions related to commenting on witnesses.
The prosecution alleged that the former president had violated his gag order on multiple occasions. The prosecutors urged the judge to impose a $1,000 fine for each violation.
Rules Under The Gag Order
As per the gag order, Trump has been prohibited from making, or instructing others to make, public statements regarding trial witnesses.
Statements cannot be made with regards to the involvement of the trial witnesses in the investigation, or their roles in court proceedings. This restriction applies to prosecutors other than Manhattan District Attorney Alvin Bragg, as well as members of the court and district attorney’s staff.
Trump Retains The Freedom To Criticize Judge Merchan
Trump retains the freedom to criticize Judge Merchan himself.
Of course, such actions are unlikely to endear him to the judge who holds the authority to determine Trump’s sentence should the jury render a guilty verdict.
Merchan Expanded The Gag Order To Include His Family
Prior to the trial, Judge Merchan expanded the gag order to include his family and the family of Alvin Bragg.
The decision to expand the gag order came following Trump’s posts about Merchan’s daughter, who was employed by a firm assisting Democratic candidates with digital campaigns.
Prosecutors Had Alleged 10 Violations But Merchan Found Only 9 Of Them To Be Valid
Prosecutors had initially alleged 10 violations. However, Merchan found only nine of them to be valid. The ruling served as a strong admonition for Trump who had argued that he was simply exercising his freedom of speech.
Trump sat silently staring at table in front of him. His expression was clouded with a slight frown, as the judge delivered the ruling.
Merchan Is “Keenly Aware Of, And Protective Of” Trump’s First Amendment Rights
Merchan wrote that he remains “keenly aware of, and protective of,” Trump’s First Amendment rights, “particularly given his candidacy for the office of President of the United States.”
Merchan also wrote, “It is critically important that defendant’s legitimate free speech rights not be curtailed, that he be able to fully campaign for the office which he seeks and that he be able to respond and defend himself against political attacks.”
The Court Is Not Going To Tolerate “Willful Violations”
Merchan made it clear that the court is not going to tolerate “willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment.”
The judge has warned that continued violations may result in Trump being incarcerated.
Ruling Delivered At The Onset Of The Second Week Of Testimony In The Trial
The ruling was delivered at the onset of the second week of testimony in the landmark trial.
Manhattan prosecutors allege that Trump and his cohorts engaged in an illicit scheme to influence the outcome of the 2016 presidential campaign by suppressing unfavorable stories. Trump has entered a plea of not guilty.
Trump Must Pay The Fine By End Of Business Hours On Friday
Merchan has ordered Trump to pay the fine by the end of business hours on Friday. Additionally, the former President must delete seven objectionable posts from his Truth Social account and two from his presidential campaign website by 2:15 p.m. EDT on Tuesday.
Merchan is also taking into consideration other purported violations of the gag order by Trump and is set to hear arguments on Thursday.
Trump’s April 10 Post Did Not Constitute A Violation Of The Gag Order
Merchan determined that one of the ten posts, dated April 10, did not constitute a violation of the gag order.
This post referred to witnesses Stormy Daniels and Michael Cohen as “sleaze bags.” Merchan cited Trump’s assertion that he was responding to prior posts by Cohen, indicating that this context “is sufficient to give” a reason to question whether the post constituted a violation.
Merchan Identified One Of Trump’s Post As A Clear Violation
Merchan identified one of Trump’s posts as a clear violation. It was a post quoting Fox News host Jesse Watters.
In the post dated April 17, Trump misrepresented Watters’ statement. Merchan deemed this as a breach of the gag order.
Merchan Has Warned That The Gag Order Cannot Be “Used As A Sword”
With reference to the post, Merchan wrote, “Thus, in this court’s view, this post constitutes the words of defendant himself.”
Merchan has warned that the gag order should “not be used as a sword instead of a shield by potential witnesses.”
Cohen Has Stated His Intention To Abstain From Commenting On Trump
Merchan emphasized that if individuals covered by the gag order, such as Cohen, will continue attacking Trump, then “it becomes apparent” that they don’t really need the protection of the gag order.
Cohen has stated his intention to abstain from commenting on Trump until after his testimony in the trial.
Trump Is Required To Attend The Trial
Trump is required to attend the trial, though he has stated that he could instead be focusing on his campaign for a rematch with Democratic President Joe Biden in the upcoming November 5 election.
The criminal case is one among four pending cases against Trump. It is possible that this case may be the only one to proceed to trial and yield a verdict prior to the election.
GIPHY App Key not set. Please check settings