April 23 (UPI) — The judge in Donald Trump‘s hush-money trial on Tuesday delayed a decision on whether the former president should be held in contempt for multiple alleged breaches of a gag order imposed on him in the case.
Judge Juan Merchan said he will “reserve a decision” on Trump’s alleged gag order violation after he heard from the prosecution and Trump’s defense counsel. The court then went on a short break at around 10:45 a.m. EDT and reconvened after 11 a.m.
It is not clear how Merchan will rule.
Lawyers for the State of New York claimed Trump has “wilfully” breached the gag order barring him from making public statements attacking witnesses, jurors and additional parties related to the case, 10 times and want him fined $1,000 on each count.
“We think that it is important for the court to remind Mr. Trump that he is a criminal defendant, and like all criminal defendants, he is subject to court supervision and, in particular, this court’s obligation to preserve the integrity of the Criminal Justice System,” said prosecutor Christopher Conroy.
In court on Tuesday, Trump’s defense attorney Todd Blanche claimed “absolutely no willful violation of the gag order” had taken place. Blanche had made the argument that there should be a difference between things Trump puts on Truth Social versus other digital platforms.
The judge could punish Trump with things up to and including 30 days in jail.
Merchan issued his four-page gag order on grounds Trump had used his high-profile position to make “threatening, inflammatory, denigrating,” statements directed at “local and federal officials, court staff, prosecutors and staff assigned to the cases, and private individuals including grand jurors performing their civic duty.”
Blanche and Merchan got in a back-and-forth during proceedings about what constitutes an “endorsement” on social media with the judge asking for case law.
“I don’t have case law,” Blanche said. “But it’s just common sense, your honor.”
At one point Merchan had indicated that he might want to have Trump to testify his position on the stand.
“Mr. Blanche, you’re losing all credibility with this court,” Merchan said at one point.
“Given that the eve of trial is upon us, it is without question that the imminency of the risk of harm is now paramount,” read the order that lead prosecutor Manhattan District Attorney Alvin Bragg had been pushing for since February.
Merchan subsequently clarified that it extended to family members, including his own, after Trump launched attacks on Merchan and Manhattan District Attorney Alvin Bragg whom he had called “an animal” — but significantly Merchan and Bragg are not themselves included.
The hearing will take place away from the jury before testimony resumes in the hush-money trial.
Trump’s trial on 34 counts of falsifying business records, allegedly to disguise a $130,000 hush-money payment to adult film actress Stormy Daniels to cover up an affair that might negatively impact his prospects in the 2016 presidential election, kicked off Monday.
Former National Enquirer publisher David Pecker is due to retake the stand with further details about an alleged “catch and kill” deal under which he was to buy off people with potentially negative stories about Trump to prevent the information becoming public.
