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Donald Trump speaks to members of the media before departing Manhattan criminal court on Monday. Photo: AP

Trump hush money trial: judge fines ex-president again, threatens jail for violating gag order

  • Donald Trump fined US$1,000 for a gag order violation in his New York hush money case
  • Judge’s warning came at the start of the third week of testimony in the high-stakes trial
Donald Trump

The judge overseeing Donald Trump’s criminal trial fined him US$1,000 and held him in contempt of court for a 10th time on Monday for violating a gag order and warned that further violations could land the former president in prison.

Justice Juan Merchan said the nine US$1,000 fines he had imposed previously did not seem to be deterring the wealthy business mogul from violating the order, which bars him from speaking publicly about the jurors and witnesses in the first criminal trial of a former US president.

“I do not want to impose a jail sanction and have done everything I can to avoid doing so. But I will if necessary,” Merchan said at the start of the trial’s 12th day before the jury entered.

Imprisonment would be an unprecedented step in the historic trial, which stems from a hush money payment made to porn star Stormy Daniels in the final weeks of the 2016 election.

Justice Juan Merchan warns Donald Trump in court. Photo: Reuters/Jane Rosenberg
After Merchan’s ruling, jurors heard testimony from former Trump employees that could bolster prosecutors’ case that Trump falsified business records to cover up the hush money payment.

Trump has pleaded not guilty and denies wrongdoing.

As he imposed the fine, Merchan said he considered prison time “truly the last resort” as it would disrupt the trial, pose extraordinary security challenges and complicate the 2024 presidential election, in which the Republican Trump seeks to win the White House back from Democratic President Joe Biden.

But the judge said Trump’s “continued, wilful” violations of the gag order amounted to a “direct attack on the rule of law”.

Merchan imposed the 10th US$1,000 fine on Monday for an April 22 broadcast interview in which the former president said: “That jury was picked so fast – 95 per cent Democrats. The area’s mostly all Democrat.”

Merchan found that other statements flagged by prosecutors that mentioned witnesses Michael Cohen and David Pecker did not violate the gag order.

The order prevents Trump from making statements about jurors, witnesses and families of the judge and prosecutors if meant to interfere with the case. Violations are punishable by fines of up to US$1,000 or prison time of up to 30 days.

Last week Merchan fined Trump US$9,000 for nine social media posts that he ruled had violated the gag order.

Adult-film actress Stephanie Clifford, also known as Stormy Daniels. File photo: Reuters

Trump complains frequently that the gag order limits his ability to make his case to voters in his comeback White House bid.

“He’s taken away my constitutional right to speak,” Trump told reporters outside the courtroom, before the judge fined him.

Prosecutors on Monday later showed jurors business records that documented payments totalling US$420,000 from Trump to Cohen, his former fixer and personal lawyer.

Those payments were listed as legal fees, but prosecutors say they were actually meant to reimburse Cohen for paying US$130,000 to Daniels to keep quiet about a sexual encounter she says she had with Trump in 2006.

Trump denies ever having had sex with Daniels.

Prosecutors say the US$420,000 paid by Trump was meant to cover the US$130,000 Cohen paid to Daniels, along with US$50,000 in other expenses he had incurred. Trump doubled that total to account for taxes and also included a US$60,000 year-end bonus, they say.

A former controller in Trump’s organisation, Jeffrey McConney, testified that he was not aware of any other instance in which the Trump Organisation reimbursed someone so generously.

McConney said he never spoke to Trump about the payments but was told by the company’s top finance official Allen Weisselberg that they were reimbursements.

Another former Trump employee, Deborah Tarasoff, walked the jury through the 34 invoices, ledger entries and cheques stemming from the payments to Cohen, which were made on a monthly basis after Trump won the election. Each represents one of the 34 counts in the indictment against Trump.

Most of the cheques were signed by Trump personally, and prosecutors highlighted his tall, looping signature in thick ink for the jury.

Prosecutors say the payment to Daniels corrupted the 2016 election by keeping the news from voters, at a time when Trump’s treatment of women was a central issue in his campaign against Democratic candidate Hillary Clinton.

They say the altered business records covered up election-law and tax-law violations that elevate the 34 counts Trump faces from misdemeanours to felonies punishable by up to four years in prison.

If found guilty, Trump could face four years in prison, though defendants typically face fines and probation.

The main players in the case have yet to testify, including Cohen and Daniels, whose real name is Stephanie Clifford.

The case features sordid allegations of adultery and secret payoffs, but it is widely seen as less consequential than three other criminal prosecutions Trump faces. It is the only one certain to go to trial before the November 5 presidential election.
The other cases charge him with trying to overturn his 2020 presidential defeat and mishandling classified documents after leaving office. Trump has pleaded not guilty to all three.
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