NEW YORK — Prosecutors on Thursday urged a New York judge to impose new fines on former President Donald Trump, pointing to four alleged violations of a gag order that barred the famous defendant from opining on potential trial witnesses, jurors and court staff.
One of the prosecutors, Christopher Conroy, said a fine of $1,000 per violation is required because of Mr. Trump’s “persistent and escalating” rhetoric aimed at people involved in the hush money trial. Mr. Conroy said the comments create an “air of menace” around the trial and its participants.
“The defendant knows what he’s doing,” Mr. Conroy said, adding the case is at its “most critical time.”
Previously, state Supreme Court Judge Juan Merchan fined Mr. Trump $9,000 for nine violations of his gag order. He threatened to put the former president in jail if he violated the order again.
“He’s done it again here,” Mr. Conroy said.
The prosecutor said Mr. Trump, in the first set of comments, complained about the jury pool being picked too quickly from a mostly Democratic area. At a stop in midtown Manhattan, the former president said ex-tabloid executive David Pecker, a key witness, had been “very nice.”
Also, Mr. Trump commented on his former lawyer Michael Cohen during an appearance with a Philadelphia TV station and mentioned Mr. Pecker again. The fourth set of comments were made in the courthouse hallway, where the former president mentioned legal invoices to Mr. Cohen and complained he got indicted over the payments.
Mr. Trump said the gag order violates his First Amendment rights while he campaigns for president and that he should be able to respond to critics.
But Mr. Conroy said that in these cases, “the defendant wasn’t responding to anything in particular.”
Mr. Trump sat back in his chair during the hearing and sometimes conferred with his attorney Todd Blanche.
Mr. Blanche said Mr. Trump has been the target of attacks since he announced his presidential campaign and made a series of “completely neutral” comments about Mr. Pecker.
The lawyer displayed social media posts from Mr. Cohen that mocked Mr. Trump as defecating in his pants because he could go to prison.
Mr. Blanche also complained that Mr. Trump couldn’t mention Stormy Daniels — an adult-film actress and key witness — if he wanted to respond to President Biden, who jokingly referred to “stormy weather” over the weekend.
“Everyone can say what they want except President Trump,” Mr. Blanche said.
“They’re not defendants in this case,” the judge replied.
Judge Merchan said, for instance, that no one forced Mr. Trump to go over to the press pen and sound off in the courthouse.
The judge said he’s worried about the broader integrity of the proceedings.
“It’s about what all the other witnesses who may come here see,” he said. “It’s not just about those individuals.”
Judge Merchan did say he’s not particularly concerned about Mr. Trump’s comment about Mr. Pecker being nice.
The gag order lets Mr. Trump sound off on Judge Merchan and Manhattan District Attorney Alvin Bragg.
Mr. Trump criticized the judge during a campaign rally in Waukesha, Wisconsin, on Wednesday.
“There is no crime. I have a crooked judge. He’s a totally conflicted judge,” he told supporters.
Mr. Trump, the presumptive GOP nominee, is inside a Manhattan courtroom four days per week while he eyes a rematch with Mr. Biden in November.
Prosecutors say Mr. Trump, through Mr. Cohen, criminally concealed hush payments to Ms. Daniels to avoid bad press near the 2016 election.
The former president faces 34 felony counts of falsifying business records.
Mr. Trump has pleaded not guilty and says the trial is an attempt to thwart his campaign.
“It could have been brought eight years ago. Instead, they wait and wait and wait. They know it’s not a good case,” he said.
The former president also denies having a sexual encounter with Ms. Daniels in 2006, as she alleges.
After the lunch break, Mr. Trump’s lawyers handed up a stack of articles about the case that Mr. Trump would like to post on his social media platform. They wanted to know if the articles would violate the gag order, but Judge Merchan said he couldn’t operate that way.
“I’m not going to give advanced rulings,” Judge Merchan said. “The best advice you can give your client is: When in doubt, steer clear.”
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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