This morning, Justice Juan Merchan held former President Donald Trump in contempt of court for nine out of ten violations of the March 26 gag order in his false business records case. The court fined Trump $1,000 for each violation and ordered him to take down the offending posts before 2:15. As of this writing, the posts are still live, marking a further defiance of the court’s order.
The gag order explicitly prohibits Trump from making statements about jurors or “reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.” Despite this, Trump promptly published several posts on Truth Social and his campaign website, attacking Stormy Daniels and Michael Cohen, often by quoting and reposting attacks by conservative commentators. Additionally, Trump and his lawyer, Alina Habba, persisted in attacking the jurors, setting the stage for another contempt hearing in the future.
In a recent hearing, Trump’s lawyers argued that retweets do not amount to endorsements and that Trump has the right to respond to political attacks by labeling Cohen a “serial perjurer.” However, Justice Merchan pointed out that the issue of “reposting” is a matter of first impression, and lacking legal authority to guide the decision, the court had to rely on common sense.
Notably, the court concluded that Trump reposted the articles to maximize viewership and to communicate his endorsement of the posted statements. Given that Judiciary Law § 751 provides only two options for punishment – a fine of $1,000 per violation and/or incarceration – the court found itself limited in its ability to impose a deterrent fine commensurate with the wealth of the contemnor.
Given the potential for further willful violations, the judge warned Trump that continued defiance of lawful orders could result in an incarceratory punishment. Trump already has a second contempt hearing scheduled for tomorrow, underscoring the seriousness of the situation.
Market Capital Research 