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Understanding the gag order hearing in Trump's hush money case

Judge Juan Merchan conducted another hearing for gag orders on Thursday, addressing the four new accusations brought against former President Donald Trump during the hush money trial.

Former US President Donald Trump attends his trial for allegedly covering up hush money payments...
Former US President Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, on May 2, 2024. Trump, 77, is accused of falsifying business records to reimburse his lawyer, Michael Cohen, for a $130,000 hush money payment made to porn star Stormy Daniels just days ahead of the 2016 election against Hillary Clinton. (Photo by CHARLY TRIBALLEAU / POOL / AFP) (Photo by CHARLY TRIBALLEAU/POOL/AFP via Getty Images)

Understanding the gag order hearing in Trump's hush money case

Legal authorities have proposed fining Trump up to $1,000 for each alleged breach of the court-imposed silence order, though they clarified that they don't intend to put him behind bars. Earlier this week, Trump received a fine totaling $9,000 for infringing the gag order nine times.

The judge has yet to make a decision on the case. Here are the key takeaways:

Prosecutors accuse Trump of several gag order violations

  • Trump's statements compromise the fairness of the trial: "[His statements] are corrosive to this proceeding and the fair administration of justice," explained prosecutor Chris Conroy. "The defendant is doing everything he can to make this case [about politics]."
  • Trump is conscious of the limits the silence order imposes: Conroy recalled how Trump's attorney Todd Blanche had ensured the judge that "the former president does, in fact, know what the gag order allows him to do and not allow him to do."
  • No incarceration request: Prosecutors told the judge they have no plans to seek jail time for Trump's breaches.

Trump's counsel argues he hasn't violated the gag order

  • Trump must defend himself against attacks: Most relevant witnesses, like Michael Cohen and Stormy Daniels, "are not people who need to be protected," Blanche asserted.
  • Responding to Cohen and Daniels: "Cohen has been inviting and almost daring President Trump to respond to almost everything he’s saying," Blanche added. Moreover, he stated that Daniels shouldn't be protected by the silence order, even though her statements regarding Trump are not as "voluminous." Merchan reiterated that the order stipulates that Trump "is not allowed to refer" to potential witnesses.
  • On talk about David Pecker: Blanche claimed that Trump's felicitous remark about former National Enquirer publisher David Pecker did not transgress the silence order. "There's no animosity between the two of them," Blanche said. "There's no threatening, menacing statements," he added. "It's not about just Mr. Pecker," the judge interjected. "It's about what the other witnesses see." He explained, "It impacts those witnesses as well."
  • Trump's responses to media: Blanche contended that Trump cannot react to the unceasing social media posts chronicling the courtroom activity, including the judges' whispered exchanges.

The judge remarked, "They're not defendants in this case. They're not subject to the gag order. I don't have control over the press, I don't have authority over most of the people who are voicing their opinions." The judge also noted that there are no surprises when it comes to press coverage, given that Trump is still a major contender for the presidency.

Judge: "Stay clear wherever feasible"

As the court went on a lunch break, Trump's counsel, Susan Necheles, requested permission for Trump to post on his Truth Social account. A stack of articles was presented to the judge, which referred to the trial and contained references to a few prosecutors and witnesses.

When Necheles argued that there was doubt regarding the gag order's specifications, Merchan replied that he found "nothing wrong" with the order.

"I won't be in the position of reviewing your posts in advance to decide whether you should or shouldn't post them," Merchan stated, "When in doubt, stay clear."

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Source: edition.cnn.com

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