Judge hears arguments on further alleged gag order violations
The prosecution started off by pointing to Juan Merchan’s order.
“The order was issued because of the defendant’s persistent and escalating rhetoric aimed at participants in this hearing … He’s already been found by the court to have violated the order nine times and has done it again here,” Christopher Conroy said of Donald Trump.
“He was on the media and he used that platform there to criticized the seated jury in the case,” the prosecutor said.
“By talking about the jury at all, he places this process and this proceeding here in jeopardy – this is what the order forbids, and he did it anyway,” Conroy continued.
Key events
“Can I ask you to address the comments that were made about the jury?” judge Juan Merchan asked shortly thereafter.
“We very much believe this is a political persecution, a political trial,” Todd Blanche said.
As he continued to try making this argument, Merchan said, “Did he violate the gag order, that’s all I want to know.”
“I’m making an argument that he didn’t,” Blanche said. Merchan said he was not buying it, and that is why he was asking.
“He spoke about the jury, right?” Merchan asked, adding, “He said the jury was 95 percent Democrats and the jury had been rushed through.”
Todd Blanche raised the bogeyman of Michael Cohen’s TikTok account.
“As has been reported, because it’s true, Michael Cohen has been going on TikTok, nightly, – literally making money… He actively encourages folks to give him money… His TikTok repeatedly criticizes president Trump,” Blanche said.
“This is not a man who needs protection from the gag order,” he added.
Hugo Lowell
Donald Trump is sitting passively at his lawyer Todd Blanche as he reads out Michael Cohen’s tweets attacking him on Twitter, including Cohen calling him “Von Schitzenpants” and a “petulant defendant” and that he will not donate to Trump’s jail commissary.
Hey Von ShitzInPantz…your attacks of me stink of desperation. We are all hoping that you take the stand in your defense. pic.twitter.com/FVsWbRnNkB
— Michael Cohen (@MichaelCohen212) April 22, 2024
Hugo Lowell
Judge Juan Merchan does not seem particularly impressed by Donald Trump’s lawyer Todd Blanche’s contention that the gag order is unfair to Trump because he cannot respond to attacks against Trump by people like Michael Cohen, an expected trial witness protected by the gag order, and media coverage of other trial witnesses’ testimony.
“They’re not defendants in the case. They’re not subject to the gag order,” Merchan says flatly.
Judge skeptical of defense lawyer’s argument that gag order blocks Trump’s free-speech rights
Judge Juan Merchan is not buying Todd Blanche’s ‘Donald Trump is a victim to media’ narrative.
“Whats happening in this trial is no surprise to anyone,” Merchan said.
“The former president of the United States is on trial. He’s the leading candidate for the Republican party right now. Everybody came into this knew that this would happen – we all expected it. There’s no surprises here, so I don’t know how it reflects on Mr Trump if 10 outlets are talking about Mr Pecker.”
“Everybody can say whatever they want, except President Trump,” Blanche said.”
“They’re not defendants in this case” Mechan said.
Merchan referred to one of the alleged gag order violation in the courthouse hallway, before a press gaggle.
“It wasn’t the press that went to him, he went to the press,” Merchan said, adding, “You’re telling me that the scrutiny is outrageous. Nobody forced your client to go stand where he did that day.””
“Nobody’s forcing him, but he’s running for president,” Blanche said, adding, “He has to be able to speak.”
Sam Levine
Donald Trump seemed caught off guard when Todd Blanche said he agreed with judge Juan Merchan that no one is forcing Trump to speak to the press every day.
He quickly looked back from the defense table at Blanche.
Todd Blanche argued that Donald Trump did not even say anything bad about Dave Pecker – if anything, it was neutral to positive.
Merchan is not buying it. “It’s not just about Mr. Pecker, it’s about what all of the other witnesses who may come here,” he said.
“It affects those witnesses as well. I understand your concerns about Mr. [Michael] Cohen. I expressed concerns about Mr. Cohen and Ms. [Stormy] Daniels in my decision,” Merchan said, referring to Cohen’s commentary about his ex-boss.
“It’s not just about those individuals, its about everybody else… That’s a concern that does go to the integrity of the proceedings,” he added.
Blanche complained that Trump is not able to speak freely despite “what’s happening behind us.”
“I’m talking about the press,” Blanche said, adding, “There’s 24-7 overage of everything that’s happening in the courtroom – every time we whisper to our client, it’s livestreamed over all sorts of social media outlets.”
“He can’t just say no comment repeatedly, he’s running for president!” he continued.
“Judge, last weekend, President Trump’s rival, President Biden, said in a public forum – he talked about this trial, and he talked about a witness that’s going to be in this trial. He mocked President Trump. He said Donald has had a few tough days lately, you might call it stormy weather,” said Todd Blanche.
“President Trump can’t respond like he wants to because of this gag order,” Blanche said, adding, “Stormy weather was an obvious reference to Stormy Daniels.”
Juan Merchan asked whether Trump was saying he cannot respond to Biden, noting that he is not barred from responding but rather, just from invoking the name of a foreseeable witness.
“President Biden is not limited,” Blanche said, but Trump is.
Todd Blanche is again making the argument that Donald Trump’s comments are political and not related to his trial.
“Part of the campaign takes place outside this courtroom, part of this campaign takes place in interviews,” Blanche said.
He is also complaining about Joe Biden, implying he has an unfair advantage in being able to talk about the case when his client cannot.
Prosecutor says ‘we are not seeking jail’ in order not to delay trial
Chris Conroy is now referring to Donald Trump’s recent comments on Michael Cohen, his one-time consigliere-turned-star prosecution witness.
“Michael Cohen is not a political opponent, defendant’s comments about Michael Cohen relate to issues at the heart of the proceeding,” he said, adding, “Defendant is doing everything he can to make this case about his politics – it’s not it’s about his criminal conduct.”
Conroy said they are asking for financial penalties again. “To minimise disruptions to this proceeding, we are not yet seeking jail,” he said.
Prosecutor tells gag order hearing Trump ‘knows what he’s doing’
Prosecutor Christopher Conroy is now moving on to the second alleged violation – Donald Trump’s comments about David Pecker outside court.
“The defendant knows what he’s doing, He talks about the testifying witness, says nice things, in front of the cameras,” Conroy said.
He argued that this is intentional – not Trump just blathering in response to a barrage of reporters’ questions.
“He selectively responded to this question and not others,” Conroy argued, noting that even though his comments on Pecker were positive, they are nonetheless “deliberate shots across the bow [for] anyone who comes to this courtroom to talk about the defendant and what he did.”
Judge hears arguments on further alleged gag order violations
The prosecution started off by pointing to Juan Merchan’s order.
“The order was issued because of the defendant’s persistent and escalating rhetoric aimed at participants in this hearing … He’s already been found by the court to have violated the order nine times and has done it again here,” Christopher Conroy said of Donald Trump.
“He was on the media and he used that platform there to criticized the seated jury in the case,” the prosecutor said.
“By talking about the jury at all, he places this process and this proceeding here in jeopardy – this is what the order forbids, and he did it anyway,” Conroy continued.
Court has started for the day.
“I looked at the exhibits that were provided by both the people and the defense,” Juan Merchan says of the prosecution’s most recent push for contempt.
The judge is now asking prosecutors to go through each of the alleged violations.
Prior to heading inside the courtroom, Donald Trump stopped and addressed the press.
He bragged about his rallies in Wisconsin and Michigan, saying, “We had tremendous rallies, sold-out rallies that were packed and the enthusiasm’s never been better.”
Trump also spoke about inflation, saying, “Interest rates are obviously not going to be able to be reduced prior to the election because inflation is roaring back.”
He went on to praise the police crackdowns on the Palestinian solidarity student encampments at UCLA and Columbia and blamed the “radical left lunatics”.
“The right is not your problem, despite what law enforcement likes to say,” he added.