As prosecutors argued Tuesday that former President Donald J. Trump had repeatedly broken a gag order, they called one episode “very troubling” — his sharing of a commentator’s quote disparaging prospective jurors as clandestine operators for the left.
Mr. Trump posted the remark by Jesse Watters, a Fox News commentator, on his social media site Truth Social last week, as jury selection was underway in his hush-money trial. Mr. Trump quoted Mr. Watters as saying, “They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury.”
Mr. Trump’s post embellished the actual remarks made by the commentator, adding the phrase “in order to get on the Trump Jury” when Mr. Watters had not said that on air. A few hours later, however, Mr. Watters posted on X the exact statement as shared by Mr. Trump.
No juror or potential juror has been identified as a liberal activist.
In that Fox News segment, Mr. Watters also shared personal details about the jurors in his segment. The day after that post, the judge in the case, Juan M. Merchan, ordered reporters to withhold some information that could identify jurors.
“What happened here was exactly what this order was meant to prevent and the defendant doesn’t care,” a prosecutor, Christopher Conroy, said in court Tuesday.
A lawyer for Mr. Trump, Todd Blanche, argued that Mr. Trump was simply sharing a quote, a common argument used by Mr. Trump to put distance between him and reposts of other people’s comments.
Judge Merchan did not appear to buy that argument. “It’s not passive,” Mr. Merchan said about how a post is published on Truth Social.
Mr. Conroy said the timing of the “liberal activists” post was important. The next morning, a juror came into court and asked to be excused, saying that friends and colleagues had been able to identify her as a member.
Mr. Watters hosts the nightly program “Jesse Watters Primetime” and is a co-host on “The Five,” a weekday afternoon chat show. He rose to prominence on Fox News for his ambush-style interviews on the street, which included a 2016 segment in which he mocked Asian people in New York City’s Chinatown that was widely seen as trafficking in stereotypes and veering into racism.
