Justice Juan Merchan has scheduled a Tuesday hearing on prosecutors' request to hold Trump in contempt.
Justice Juan Merchan has scheduled a Tuesday hearing on prosecutors’ request to hold Trump in contempt.
If Merchan agrees that Trump has defied the gag order, he’ll then face the thorny question of what to do about it. His options range from a sternly worded warning to a modest fine to a short stint in jail. But Trump has shown little willingness to curb his public rhetoric, prosecutors say. On April 15, the first day of the trial, prosecutors cited three alleged violations of the gag order, including an April 13 post on Truth Social in which Trump called Michael Cohen, a star witness for the prosecution, a “disgraced attorney and felon.”
The gag order doesn’t include an exception for such rebuttals. But the judge could add one, according to former prosecutor and New York Law School professor Rebecca Roiphe. “That would be a very extreme, draconian measure to take,” Florence said. “I would think that would be an absolute last resort. I think it’s only if Trump forces his hand. He’s on that road; I’m not sure he’s there yet.”
But the situation is a First Amendment nightmare, according to Peter Tilem, another former Manhattan prosecutor who now helms his own firm. That’s because political speech enjoys robust First Amendment protections. Trump’s lawyers could appeal any contempt ruling and make a First Amendment argument, saying the posts were part of Trump’s political campaign. Success would be far from guaranteed, but an appeal would make an already complex legal proceeding even messier.
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