Donald Trump was held in contempt of court Tuesday and fined $9,000 for that barred him from making public statements about witnesses, jurors and some others connected to his New York hush money case.
And if he does it again, the judge warned, he could be jailed.
Prosecutors had alleged 10 violations, but New York Judge Juan M. Merchan found there were nine. Trump stared down at the table in front of him as the judge read the ruling, frowning slightly.
It was a stinging rebuke of the Republican former president鈥檚 insistence that he was exercising his free speech rights and a reminder that he鈥檚 a criminal defendant subject to the harsh realities of trial procedure. The judge鈥檚 suggestion that he may jail the former president signaled that Trump鈥檚 already precarious legal standing could further spiral depending on his behavior during the trial.
Merchan wrote that he is Trump鈥檚 First Amendment rights, 鈥減articularly given his candidacy for the office of President of the United States.鈥�
鈥淚t is critically important that defendant鈥檚 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,鈥� Merchan wrote.
Still, he warned that the court would not tolerate 鈥渨illful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment.鈥�
With that statement, the judge drew nearer the specter of Trump becoming the first former president of the United States behind bars.
Trump is used to having constant access to his social media bullhorn to slam opponents and speak his mind. After he was banned from Twitter following the Jan. 6, 2021, attack on the Capitol, Trump launched his own platform, where his posts wouldn鈥檛 be blocked or restricted. And he has long tried to distance himself from controversial messages he鈥檚 amplified to his millions of followers by insisting they鈥檙e 鈥渙nly retweets.鈥�
But he does , which were also imposed in his civil fraud trial. After he was found to have violated those orders, he paid more than $15,000 in fines.
Tuesday鈥檚 ruling came at the start of the second week of testimony in the historic case, in which Manhattan prosecutors argue Trump and his associates took part in an illegal scheme to influence the 2016 presidential campaign by purchasing and then burying seamy stories. The payouts went to a doorman with a torrid yarn; former Playboy model Karen McDougal, who had accusations of an affair; and to porn performer Stormy Daniels, who alleged a sexual encounter with Trump. He has pleaded not guilty and says the stories are all fake.
Trump was ordered to pay the gag-order fine by the close of business Friday and must remove seven offending posts from his Truth Social account and two from his campaign website by 2:15 p.m. EDT Tuesday. The judge is also weighing and will hear arguments Thursday. He also announced that he will halt the trial on May 17 to allow Trump to attend his son Barron鈥檚 high school graduation.
Of the 10 posts, the one Merchan ruled was not a violation came on April 10, a post referring to witnesses Michael Cohen and Daniels as 鈥渟leaze bags.鈥� Merchan said Trump鈥檚 contention that he was responding to previous posts by Cohen 鈥渋s sufficient to give鈥� him pause on whether the post was a violation.
Among those he found to be violations, Merchan ruled that a Trump post quoting Fox News host Jesse Watters鈥� claim that liberal activists were lying to infiltrate the jury 鈥渃onstitutes a clear violation鈥� of the gag order. Merchan noted that the words contained within the quotation marks in Trump鈥檚 April 17 post misstated what Watters actually said.
Merchan cautioned that the gag order 鈥渘ot be used as a sword instead of a shield by potential witnesses鈥� and that if people who are protected by the order, like Cohen, continue to attack Trump 鈥渋t becomes apparent鈥� they don鈥檛 need the gag order鈥檚 protection.
Cohen, Trump鈥檚 former attorney, has said he will refrain from commenting about Trump until after he testifies at the trial. On Tuesday, he said in a text message to The Associated Press: 鈥淭he imposed fine is irrelevant. Judge Merchan鈥檚 decision elucidates that this behavior will not be tolerated and that no one is above the law.鈥�
In other developments, testimony resumed Tuesday with Gary Farro, a banker who helped Cohen open accounts, including one that Cohen used to buy Daniels鈥� silence. She alleged a 2006 sexual encounter with Trump, which he denies. Jurors also heard from Keith Davidson, a lawyer who represented McDougal and Daniels in their negotiations with the National Enquirer and Cohen.
Trump is charged with in connection with the hush money payments. The detailed evidence on business transactions and bank accounts is setting the stage for testimony from Cohen, who went to federal prison after and other crimes.
Jurors have also heard from Trump鈥檚 longtime executive assistant, Rhona Graff, who recounted that in Trump Tower and figured she was a potential contestant for one of Trump鈥檚 鈥淎pprentice鈥�-brand shows.
Last week, former laid out how he agreed to serve as the Trump campaign鈥檚 鈥渆yes and ears鈥� by helping to squelch unflattering rumors and claims about Trump and women. to scoop up and sit on stories.
Trump鈥檚 attorneys have suggested that in an effort to protect his name and his family 鈥� not to influence the outcome of the presidential election.
The trial 鈥� the first of to come before a jury 鈥� is expected to last for another month or more. And with every moment Trump is in court, he鈥檚 growing increasingly frustrated while the November election moves ever closer.
For his part, Trump has been campaigning in his off-hours, but he is required to be in court when it is in session, four days a week. Outside the courtroom Tuesday, he again criticized the case.
鈥淭his is a case that should have never been brought,鈥� he said.
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