NEW YORK (NewsNation) — New York Judge Juan Merchan will hear arguments Tuesday on the prosecution’s request to hold former President Donald Trump in contempt of court and fine him at least $3,000 for allegedly violating his gag order in his hush money trial.
Prosecutors claim Trump violated his gag order at least 10 times after he wrote or said negative things in social media posts about witnesses, jurors, and others involved in the case. The gag order is in place to prohibit him from doing that.
The hearing will take place without the jury present. If Merchan finds him in contempt, Trump could be issued a fine, sent to jail — which is unlikely — or receive a stern warning to stop.
What’s included in Trump’s gag order?
In an order first made in March and then revised April 1, Merchan barred Trump from making public statements about probable trial witnesses “concerning their potential participation in the investigation or in this criminal proceeding.”
Merchan’s order didn’t give specific examples of what types of statements about witnesses were banned. He noted the order was not intended to prevent the former president from responding to political attacks.
The gag order also barred Trump from making public statements of any type about jurors, court staff, lawyers in the case or relatives of prosecutors or the judge. Trump is allowed to make critical comments about the judge himself and Manhattan District Attorney Alvin Bragg.
First witness testimony
In opening statements Monday, Assistant District Attorney Matthew Colangelo told the jury, “This case is about a criminal conspiracy” by Trump to “corrupt the 2016 election.”
He added that Trump “covered up that criminal conspiracy by lying in his New York business records over and over and over again.”
After the prosecution, Todd Blanche, Trump’s attorney, told jurors, “The story you just heard, you will learn, is not true.” He added: “Use your common sense. You’re New Yorkers, that’s why you’re here.”
Prosecutors will continue Tuesday questioning their first witness, David Pecker, who they claim is a key player in a “catch-and-kill” scheme to buy and then bury harmful stories during the 2016 election.
Pecker, the former publisher of the National Enquirer and longtime Trump ally, allegedly helped arrange hush money payments to adult film actress Stormy Daniels to cover up an alleged affair.
Pecker, who was given immunity in exchange for testimony against Trump, only took the stand for 30 minutes Monday before court ended early for observance of Passover and to accommodate an alternate juror’s dentist appointment.
“This is what took me off the campaign trail. I should be in Georgia now. I should be in Florida now. I should be in a lot of different places right now campaigning, and I’m sitting here, and this will go on for a long time. It’s very unfair,” Trump said after leaving the courtroom Monday.
What happens if Trump is convicted?
Trump faces 34 felony counts of falsifying business records and arranging hush money payments to Daniels, whose real name is Stephanie Clifford. These payments were allegedly aimed at concealing a sexual encounter Trump is accused of having with Daniels.
The charges center on a $130,000 payment that was allegedly made through Trump’s former attorney and fixer, Michael Cohen, shortly before the 2016 election.
Trump has repeatedly denied any wrongdoing and said he will testify if needed.
The charges are punishable by up to four years in prison — though it’s unclear if the judge would seek to put Trump behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he wouldn’t be able to pardon himself if found guilty.
The Associated Press contributed to this report.