New York County Judge Juan Merchan withheld a ruling Thursday morning about punishing former President Donald Trump a second time for allegedly violating his gag order.
Democrat Manhattan District Attorney Alvin Bragg asked Merchan to punish Trump for four comments concerning Michael Cohen and David Pecker, the former publisher of the National Enquirer. Merchan is considering the request.
Manhattan District Attorney Alvin Bragg (AP Photo/Seth Wenig)
On a separate set of allegations, Merchan ruled Tuesday that Trump violated his gag order, holding him in criminal contempt and threatening him with jail time for any further infractions. Merchan fined Trump $9,000.
The gag order prevents Trump from making public comments about witnesses participating in the trial, counsel other than Bragg, “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.
A courtroom sketch of former President Donald Trump and Justice Juan Merchan in Manhattan state court in New York on April 19, 2024. (Jane Rosenberg via AP, Pool)
Prosecutors alleged Thursday that speech directed toward their witness violates Merchan’s gag order. Trump’s attorney, Todd Blanche, defended the president, the New York Times reported:
Todd Blanche is speaking quickly as he defends Trump’s comments about David Pecker, whom Trump said had been “very nice.” Blanche says that Trump sidestepped the reporter’s question about him and gave a “factual and neutral answer.” He says there was no willful violation of the order. “It’s not just about Mr. Pecker,” the judge responds, saying Trump’s comments affect other witnesses as well.
…
It’s notable that Justice Merchan continues to express concern, as he did in his first ruling holding Trump in contempt, about Trump’s rights to free speech, particularly as a political candidate. The judge says that a whole press area has been set aside for Trump in the hallway so that “your client, as candidate for the presidency, has the opportunity to speak about absolutely anything he wants.”
…
Justice Merchan extends a minor olive branch to Todd Blanche and says he’s not that concerned with the potential violation where Trump referred to David Pecker as “a nice guy.” He doesn’t fully explain his reasoning but certainly telegraphs that he won’t find this one in violation of his gag order.
Increasing numbers of Americans see the criminal trial of Trump as irrelevant to his fitness for reelection, a CNN poll found Friday, and only 13 percent believe Trump is being treated the same as other “criminal defendants.”
“They have no case, and we have a very conflicted judge, unfortunately,” Trump told reporters Thursday. “There is no case, and it should have never been brought.”
A majority of Americans doubt Trump’s criminal trial will conclude with a fair outcome, the CNN poll found. Only about one-third of American adults believe Trump did anything illegal regarding the case, an AP-NORC Center for Public Affairs Research poll showed.
The case is New York v. Trump, No. 71543-23, in the New York Supreme Court for New York County.
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.