Trump accused of violating gag order again with ‘insidious’ attacks on witnesses

Donald Trump speaks to members of the media at the Manhattan criminal court on Thursday
Donald Trump speaks to members of the media at the Manhattan criminal court on Thursday - Jeenah Moon/Bloomberg via REUTERS

Donald Trump was accused of further violating his gag order with “corrosive” and “insidious” attacks on witnesses, days after the judge overseeing his hush money case warned the former president he could be jailed for future breaches.

Prosecutors claimed Mr Trump violated his gag order in remarks made during broadcast interviews and in the hallway outside the Manhattan courtroom where the trial is being held.

The alleged breaches include statements about Michael Cohen, a witness in the case, the jury, and former tabloid boss David Pecker, who testified last week.

Mr Trump called Cohen, his former lawyer and “fixer”, a “convicted liar” in remarks last month.

He also also made comments about the alleged political leaning of the jury.

“That jury was picked so fast, 95 per cent Democrats. The area’s mostly all Democrat. You think of it as a, just a purely Democrat area,” Mr Trump told Real America’s Voice last Monday.

Prosecutor Christopher Conroy also claimed Mr Trump’s remarks that Mr Pecker had been “very nice” during his testimony was “classic carrot and stick”. He said this was “deliberate and it was calculated”.

A Trump supporter screams outside Trump Tower before the former president departed to attend his criminal trial on Thursday
A Trump supporter screams outside Trump Tower before the former president departed to attend his criminal trial on Thursday - Mike Segar/Reuters

Calling on Judge Juan Merchan to hand Mr Trump another $4,000 fine – $1,000 for each alleged violation – Mr Conroy said Mr Trump’s attacks create “an air of menace”.

He said the defendant had been engaged in “persistent and escalating rhetoric aimed at participants in this proceeding” but the prosecution was “not yet seeking jail”.

Todd Blanche, one of Mr Trump’s lawyers, showed the court a string of “unfettered attacks” lodged at Mr Trump by Cohen.

“Mr Cohen should not be part of this gag order, he does not need to be protected,” Mr Blanche said.

He also referenced comments by Joe Biden last week in which he said Mr Trump had had “a few tough days lately. You might call it stormy weather”.

Mr Trump shrugged as Mr Merchan said he was “certainly allowed to respond to something said by President Biden”.

The judge will rule on the four alleged gag order violations at a later date.

Trump fined $9,000 for nine violations

On Tuesday, Mr Trump was held in criminal contempt for nine violations of the court order which prohibits statements about witnesses, jurors and court staff.

Mr Merchan fined Mr Trump $9,000 and ordered the Republican nominee to remove the offending posts from his Truth Social account and his campaign website.

The judge said he would “not tolerate” further violations and “if necessary and appropriate” he would impose “an incarceratory punishment”.

Mr Merchan also suggested he would like the option to hand Mr Trump a higher fine to urge him to respect the order.

Criminal contempt is only punishable by a fine of up to $1,000 or by 30 days in prison for each violation.

He said in such cases it would be “preferable” to impose a fine “more commensurate with the wealth of the contemnor”, such as a fine of up to $150,000 per violation.

The trial resumed on Thursday with the continuation of Keith Davidson’s testimony. Mr Davidson previously represented porn star Stormy Daniels and former Playboy model Karen McDougal.

Mr Trump is accused of falsifying internal business records to cover up hush money payments - including $130,000 given to Ms Daniels by Cohen - recording them instead as legal expenses.

He has pleaded not guilty to 34 felony counts of falsifying business records.