Judge threatens Trump with jail over gag order violations

The New York judge overseeing Donald Trump’s hush-money trial said he may have no choice but to jail the former president if he continues to violate a gag order intended to protect the safety of jurors and witnesses.

Justice Juan Merchan on Monday found Trump in contempt of court for a second time and fined him $1,000 for claiming he can’t get a fair trial in heavily Democratic Manhattan. Merchan fined Trump $9,000 last week for multiple violations of the gag order, particularly by attacking Stormy Daniels and Michael Cohen, key witnesses in the case.

“It appears that the $1,000 fines are not serving as a deterrent,” Merchan said in court. “Mr. Trump, I want you to understand the last thing I want to do is put you in jail.”

Trump is on trial for allegedly falsifying dozens of business records to conceal a $130,000 hush money payment to Daniels, an adult film star, ahead of the 2016 election to keep her quiet about her claims of an affair. Prosecutors say Trump used such payments to influence the election by hiding his conduct with women. It’s one of four criminal cases Trump faces as he campaigns to return to the White House.

The gag order is intended to restrict public statements about witnesses and jurors in order to protect them. The judge said he understands the significance of jailing a former president and now candidate, particularly since putting Trump behind bars would raise serious logistical issues.

“I worry about the people, the court officers, your Secret Service detail,” he said. “The magnitude of such a decision is not lost on me, but at the end of the day I have a job to do and part of that job is to protect the dignity of the system.”

Trump has repeatedly attacked the gag order and claims it’s unfairly restricting his free-speech rights. Last week, Trump claimed that the order prevents him from testifying in his own defense. The next day, Merchan told Trump directly in court that the order doesn’t prevent him from taking the witness stand.

Trump’s use of social media, news interviews and campaign speeches has created a challenge for judges overseeing his many legal cases as they weigh the impact of his public comments against his free-speech rights. Trump’s remarks became an issue after individuals he attacked on social media were swamped with online threats by his supporters.

After the contempt fine, the trial continued with testimony from Jeffrey McConney, a former Trump Organization controller.

McConney testified about the transaction at the heart of the case – Trump’s repayment of the $130,000 to Cohen, who paid Daniels out of his own funds. McConney said that he learned in January 2017 from the Trump Organization’s then-chief financial officer, Allen Weisselberg, that Cohen had to be paid back.

“Allen said we had to get some money for Michael, reimbursing Michael,” McConney said.