Judge Juan Merchan cited former President Donald Trump again on Monday for violating the gag order he imposed on the trial and warned that he could be arrested for continuing to ignore it.
Merchan previously found that Trump violated the gag order in nine other cases and fined him $9,000. In issuing that ruling, Merchan warned Trump that continued violations of the order could result in incarceration — a threat he made again on Monday after fining him the maximum $1,000 for the most recent violation.
“It appears that $1,000 fines do not serve as a deterrent,” Merchan said.
“The last thing I want to do is put him in prison,” he added. “You are the former president of the United States and possibly the next president as well.”
“There are many reasons why incarceration is really a last resort for you,” he continued, adding that taking this step would be “disruptive to the process.”
But Merchan warned Trump that “your continued willful violations of this court’s orders threaten the administration of justice and constitute a direct attack on the rule of law. I cannot allow this to continue.”
Merchan also said that if the offensive statement was posted on Trump’s Truth Social account or his campaign’s official website, it must be removed by 2:15 p.m.
The order prohibits Trump from discussing the jury or witnesses with the intention of influencing their decisions or testimony.
“This judge took away my constitutional right,” Trump said in the hallway on Friday morning. “I think we’re making a constitutional motion today.”
He added: “If someone says something about me and I’m not allowed to respond, that’s never happened before.”
Trump has repeatedly complained about Michael Cohen, his former lawyer, who is expected to testify for the prosecution. Trump lawyer Todd Blanche argued in court Thursday that Cohen’s statements about Trump mean the former president should be able to respond. He also argued that as a presidential candidate, Trump should be able to defend himself, pointing to a comment by President Joe Biden that appeared to allude to the affair.
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