New York Supreme Court Justice Juan Merchan appeared to show his dark side during a Tuesday gag order hearing concerning former President Donald Trump.
Merchan held the hearing to determine if Trump allegedly violated the “unconstitutional” gag order.
The gag order prevents Trump from making public comments about witnesses participating in the trial, counsel other than Manhattan District Attorney Alvin Bragg (D), “members of the court’s staff and the District Attorney’s staff, or … the family members of any counsel or staff member, if those statements are made with the intent to materially interfere with … counsel’s or staff’s work” on the case. It also encompasses prospective jurors.
Former President Donald Trump awaits the start of proceedings during jury selection at Manhattan Criminal Court, on April 18, 2024, in New York.(Brendan McDermid/Pool Photo via AP)
During arguments, Merchan appeared to provide the prosecution with sufficient time to persuade him that Trump allegedly violated his order. But when it came time for Trump attorney Todd Blanche to argue for the defense, Merchan grew impatient and fiery, according to court reporters.
Blanche argued that Trump reposting an article on Truth Social was not a violation of the gag order. Merchan asked what case law supports the argument.
“I don’t have any case law to support that, but it’s just common sense, your honor,” Blanche said.
Merchan asked how reposting was any different than posting. “Where does it say that? Give me the case law,” Merchan said.
“Your honor, there’s…” Blanche said before being interrupted.
“Let me ask you, when something is reposted, how does it get onto your client’s Truth Social account?” he asked.
Trump attorney Todd Blanche looks on as former President Donald Trump speaks to the media at the end of the day during Trump’s criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024, in New York City. (Mark Peterson – Pool/Getty Images)
Merchan then asked Blanche to explain if Trump believed he was not violating the gag order when he reposted the Truths.
“I’d like to hear that,” Merchan exclaimed.
Blanche tried to explain, but Merchan said, “Blanche, you’re losing all credibility. I have to tell you right now, you’re losing all credibility with the court.”
New York Times provided color about the exchange:
Merchan, now calmer, is all but pleading with Blanche to make a more substantive argument to back up the idea that reposts should not be subject to the gag order. “I hate to keep coming back to this, but you’re not offering me anything to support your argument,” the judge says.
…
Justice Merchan has repeatedly pushed Todd Blanche to clarify his arguments, only to have Blanche deny that he is saying what he seems to be saying. Trump is very lucky that the jurors are not here for this. Merchan is really dressing down Blanche right now.
“You’ve presented nothing,” Merchan told Blanche.
Merchan said he would not rule from the bench on the gag order.
Wendell Husebo is a political reporter with Breitbart News and a former GOP War Room Analyst. He is the author of Politics of Slave Morality. Follow Wendell on “X” @WendellHusebø or on Truth Social @WendellHusebo.