(CNN) — New York Judge Juan Merchan fined former President Donald Trump for repeatedly violating a gag order in the bribery trial.
In addition to paying the fine, Trump must remove the seven “offensive posts” from Truth Social and the two “offensive posts” from his campaign website by 2:15 p.m. ET this Tuesday.
Merchan ruled that Trump violated the gag order nine times by criticizing witnesses who were set to testify at the trial in social media posts and on his campaign page. Trump must pay a fine of US$9,000 before the end of the week.
Merchan also threatened to imprison Trump should he intentionally violate the gag order again, writing in his ruling: “WHEREFORE, Defendant is advised that the Court will not tolerate continued willful violations of its lawful orders and that , if necessary and appropriate under the circumstances, impose a custodial sentence.”
Trump did not react publicly as the judge read his decision in court.
Sharing publications implies endorsement, says judge
At last week’s hearing on gag order violations, Trump’s defense argued that reposting (or sharing) other people’s words does not violate the gag order and that the posts represent protected political speech in response to the attacks against him.
Merchan rejected both arguments in his ruling Tuesday.
First, he asserted that the reposts are, in this case, endorsements: “There can be no doubt that the defendant’s intent and purpose in sharing a post is to communicate to his audience that he endorses and adopts the posted statement as his own,” he wrote. Merchan.
Second, Merchan acknowledged that the gag order allows Trump to respond to political attacks against him, but said criticism of key witnesses was not permitted.
“Allowing such attacks on protected witnesses with general statements that they are in response to ‘political attacks’ would represent an exception that would swallow up the rule. The Expanded Order contains no such exception,” he wrote.
Prosecutors had asked Merchan to hold Trump in contempt for violating the gag order, citing 10 social media posts before and during the trial in which the district attorney’s office accused Trump of violating the judge’s restrictions on him. They prohibited commenting on witnesses and jurors. They also want the posts removed.
Former President Donald Trump appears in court during his trial for allegedly covering up hush money payments in Manhattan Criminal Court on April 30, 2024 in New York City. (Credit: Victor J. Blue-Pool/Getty Images)
Prosecutors cited Trump’s comments about Michael Cohen, Stormy Daniels and the makeup of the jury.
The judge issued the ruling after a hearing last week that at times became heated between him and Trump’s defense attorney, Todd Blanche.
Prosecutors later pointed to four additional comments Trump has made since last week’s hearing, including about Cohen and former AMI chief David Pecker, who testified last week. Merchan scheduled another hearing Thursday to address those comments.
US$1,000 per violation is the maximum allowed by New York State law.
This is the first sanction against Trump for violating the gag order in this case.
