The judge overseeing Donald J. Trump’s criminal case in Manhattan held him in contempt on Tuesday, fining the former president $9,000 for repeatedly violating a gag order and warning that he could go to to jail if he continued to attack witnesses and jurors.
“The court will not tolerate continued willful violations of its lawful orders,” the judge, Juan M. Merchan, said as Mr. Trump’s trial reconvened for a third week. He added that while he was “keenly aware of, and protective of, defendant’s First Amendment rights,” he would jail Mr. Trump “if necessary and appropriate under the circumstances.”
Justice Merchan determined that Mr. Trump had broken the gag order by making nine public statements on social media and on his campaign website in which he attacked witnesses and the jury. He ordered Mr. Trump to remove the posts by Tuesday afternoon.
The judge’s ruling and admonition came one week after a fiery hearing in which prosecutors had argued that Mr. Trump’s statements posed a threat to the trial. One of Mr. Trump’s lawyers, Todd Blanche, claimed that the former president had not violated the order, but Justice Merchan chastised Mr. Blanche that day for failing to marshal facts or legal precedent in support of Mr. Trump, the first American president to face criminal prosecution.
“You’ve presented nothing,” Justice Merchan remarked as he scolded Mr. Blanche for not substantively addressing the prosecution’s effort to hold Mr. Trump in contempt.
The judge’s ruling marked a nadir in relations between the court and Mr. Trump, who stands accused of falsifying records to cover up a sex scandal involving a porn star. Mr. Trump has been at the trial every day, though he has largely been relegated to the sidelines, complaining to cameras afterward about the gag order and the judge. But now, with the penalty — and the specter of further punishment, including the potential for jail time — his fury could reach a boiling point.
Already, prosecutors have alerted to the judge to four new potential violations. Those were not covered by Justice Merchan’s order and will be discussed at another hearing, which will be held on Thursday morning.
