Topline
Prosecutors accused former President Donald Trump Thursday of violating the gag order against him in his criminal trial an additional seven times—on top of three violations they previously alleged—as the ex-president faces the threat of fines or even imprisonment should he violate the gag order against him, or otherwise disrupt the court proceedings.
Former President Donald Trump he returns to Manhattan criminal court in New York on April 18
Key Facts
Gag Order: Judge Juan Merchan imposed a gag order against Trump that bars him from speaking publicly about many of the parties in the case and their family members, including potential witnesses, jurors, counsel and court staff.
Under New York law, Trump can be held in contempt if he’s found to have violated the gag order and committed “wilful disobedience to [the court’s] lawful mandate,” which is punishable by a fine of up to $1,000 per offense, up to 30 days in prison, or both.
Prosecutors have asked the court to fine Trump $3,000 for the initial three gag order violations they alleged on Monday—for social media posts that criticize potential witnesses—and have the judge warn Trump that “future violations of the Court's restrictions … can be punished not only with additional fines, but also with a term of incarceration of up to thirty days.”
Disrupting Trial: Trump could also be punished with up to $1,000 in fines and/or 30 days in prison if he’s found to have disrupted the trial—which the judge explicitly warned Trump about on Monday—with New York law stating people can be held in criminal contempt for “disorderly, contemptuous, or insolent behavior” with the intention to “interrupt [court] proceedings” or “impair the respect due” to the court’s authority, as well as for “breach of the peace, noise, or other disturbance” in order to disrupt the proceedings.
Skipping Trial: As a criminal defendant, Trump is required to attend the trial unless he’s explicitly excused, with an order directing him to appear at a hearing next week over the alleged gag order violations stating, “Your failure to appear in court may result in your immediate arrest and imprisonment for contempt of court.”
What To Watch For
Prosecutors have still not detailed what sanctions they want to be imposed against Trump for the additional seven gag order violations they alleged on Thursday. Merchan will hold a hearing on Tuesday concerning the alleged gag order violations and what punishments Trump will face if he’s found to have violated it. The trial is now moving forward with jury selection, which is expected to wrap up this week with opening statements beginning Monday. Proceedings are then expected to last for approximately six weeks.
Will Trump Be Sentenced To Prison?
Trump also faces the threat of prison time if he’s convicted in the case. Each of the 34 felony counts against him, all for falsification of business records, carries a maximum penalty of four years in prison and a $5,000 fine if convicted. Legal experts have largely believed Trump wouldn’t be sentenced to prison as a first-time offender, though attorney Norm Eisen noted in an op-ed for The New York Times Thursday that, while unlikely, it is “plausible” Trump could be incarcerated. Approximately 10% of similar cases—in which falsification of business records was the most serious crime for which the defendant was convicted—resulted in a prison sentence, Eisen said after reviewing approximately 10,000 related cases.
Chief Critic
Trump has pleaded not guilty to the charges against him and decried the case as a “witch hunt.” The former president has also strongly objected to the gag order against him—even going so far as to claim that going to prison for violating it would be a “great honor.” His lawyers argued in court Thursday that they don’t believe the seven additional posts the DA’s office flagged violate the order, because Trump was making comments related to his presidential campaign or reposting other users’ comments, which his attorneys claim does not violate the gag order. Trump has also lashed out against Merchan refusing to excuse him from attending the trial for such events as Supreme Court arguments in one of his other criminal cases next week and his son Barron Trump’s graduation—though the judge has not actually made a final ruling yet on the latter.
Key Background
Trump was indicted in March 2023 for alleged falsification of business records based on reimbursement payments he made to ex-attorney Michael Cohen, who paid adult film star Stormy Daniels $130,000 before the 2016 election to cover up her alleged affair with Trump. Trump then reimbursed Cohen $420,000—also covering a separate expense, bonus, and enough to cover taxes—in a series of payments made throughout 2017, which prosecutors allege were made through the Trump Organization and falsely labeled as legal expenses. Merchan imposed the gag order on Trump in March and eventually expanded it to include family members after Trump attacked the judge’s daughter on social media. (The gag order does not include Trump commenting on the judge himself.) The gag order in the Manhattan case comes after Trump has already faced gag orders in two other cases, the civil fraud trial against him and his company that wrapped up earlier this year—which resulted in Trump having to pay $15,000 in combined fines for violating the order—and the federal criminal case against him for trying to overturn the 2020 election.
Further Reading
