A New York judge on Tuesday told former President Donald Trump‘s attorney that he is “losing all credibility” with the court after the defense tried to argue the ex-president did not violate a gag order in a series of Truth Social posts.
A gag order prevents Mr. Trump from commenting on witnesses, jurors and certain court personnel during his hush money trial in Manhattan.
Prosecutors said Mr. Trump violated the gag order 10 times and should be fined $1,000 for, at least, each of the first three violations.
Alleged violations include an April 13 post on Truth Social in which Mr. Trump called his former lawyer Michael Cohen a “disgraced attorney and felon.” Mr. Cohen will be a key witness for the prosecution.
The state also complained about posts that quoted a Fox News host suggesting liberal activists were infiltrating the jury.
Earlier in the trial, state Supreme Court Judge Juan Merchan signaled that protecting the jury and accommodating their needs would be paramount.
Prosecutor Christopher Conroy said Mr. Trump violated the gag order again Monday with comments outside the courtroom about Mr. Cohen.
Mr. Trump says the order violates his free speech rights and makes it difficult to defend himself in the court of public opinion.
“There is no dispute that President Trump is facing a barrage of political attacks,” his lawyer Todd Blanche told the court.
Judge Merchan lost patience with Mr. Blanche, saying Mr. Trump appeared to act willfully. He said the defense seemed to be making high-level arguments instead of justifying the controversial posts. “You are losing all credibility,” the judge told Mr. Blanche.
It is unclear when the judge will rule on potential gag order violations. He could fine Mr. Trump or give him a warning.
During a break, Mr. Trump used his social media account to unload on Judge Merchan. The gag order permits him to criticize Judge Merchan and Manhattan District Attorney Alvin Bragg.
“HIGHLY CONFLICTED, TO PUT IT MILDLY, JUDGE JUAN MERCHAN, HAS TAKEN AWAY MY CONSTITUTIONAL RIGHT TO FREE SPEECH. EVERYBODY IS ALLOWED TO TALK AND LIE ABOUT ME, BUT I AM NOT ALLOWED TO DEFEND MYSELF. THIS IS A KANGAROO COURT, AND THE JUDGE SHOULD RECUSE HIMSELF!” Mr. Trump wrote.
The court is resuming Tuesday with the state’s first witness, David Pecker, who led America Media, Inc., during the period covered by the trial.
Prosecutors say Mr. Pecker, as the main gatekeeper for the National Enquirer, played a key role in capturing and killing unflattering stories about Mr. Trump near the 2016 election.
The state argues the alleged scheme led to payoffs to an adult-film actress and others, and that Mr. Trump criminally concealed payments to Mr. Cohen as part of the plot.
Mr. Trump has pleaded not guilty to 34 counts of falsifying business records.
• This story is based in part on wire service reports.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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