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Judge reserves decision on whether Trump violated gag order in 'hush money' trial

Order was issued earlier this month by New York state Judge Juan Merchan.

Published: April 23, 2024 7:58am

Updated: April 23, 2024 10:52am

The Donald Trump "hush money" trial will resume Tuesday with a hearing on whether he should be held in contempt over social media posts that prosecutors argue violated a gag order.

After arguments from the prosecution and defense New York State Judge Juan Merchan reserved judgement on whether the former president violated the gag order. The court is now taking a short break.

Judge Merchan appeared skeptical of the Trump team's arguments that the former president had not violated the gag order because he "is allowed to respond to political attacks."

The judge wanted to know what specific posts or comments by witnesses Stormy Daniels or Michael Cohen constituted political attacks. 

"There’s no specific post that you’re referring to?" Judge Merchan asked Trump's attorney, CNN reported

The order was issued earlier this month by Merchan and prohibits the former president and presumptive 2024 GOP presidential nominee from publicly attacking witnesses and jurors.

The office of Manhattan District Attorney Alvin Bragg is seeking the maximum $1,000 fine for each of the 10 Truth Social posts it says violated the gag order and another one telling Trump to remove the posts from his social media platform, according to NBCNews.com.

Bragg's office also wants Merchan to warn Trump that any future violations puts him at risk of going to jail for as long as 30 days. 

Trump attorney Todd Blanche says his client hasn't violated the April 1 order.

Whether Merchan will rule immediately on the prosecution's motion is unclear, NBCNews also reports.

Trump, speaking to the press before he entered the courtroom, did not address the gag order or the upcoming hearing, but called attention to the Republican primary in Pennsylvania, lamented the inability for pro-Trump protestors to gather outside the courthouse, and criticized President Biden for his "abandon[ing]" Israel.

Judge Merchan appeared skeptical of the Trump team's arguments that the former president had not violated the gag order because he "is allowed to respond to political attacks."

The judge wanted to know what specific posts or comments by witnesses Stormy Daniels or Michael Cohen made that constituted political attacks. 

"There’s no specific post that you’re referring to?" Judge Merchan asked Trump's attorney, CNN reported

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