Trump May Lose Contempt Fight as Judge Calls Arguments ‘Silly’

Donald Trump will likely be found in contempt of court for his social media posts that may violate a gag order as the New York judge overseeing his hush-money case characterized arguments by the former president’s lawyer as “silly.”

Justice Juan Merchan at a hearing Tuesday quickly ran out of patience for claims that the gag order preventing Trump from disparaging witnesses was vague or that reposting other social-media comments wasn’t covered.

“You have presented nothing and I’ve asked you eight or nine times” to support your arguments, Merchan said. “You’ve been unable to do that even once.”

Merchan didn’t issue an immediate ruling on prosecutors’ request for a $3,000 fine for a growing list of Trump posts. Last week, prosecutors cited multiple statements Trump recently posted attacking Stormy Daniels and Michael Cohen as “two sleaze bags” who had “cost our country dearly.”

Judges presiding over Trump cases have all struggled to balance his free speech with the safety of others amid the former president’s campaign to return to the White House. His lawyers have argued that the First Amendment should be paramount, but prosecutors have countered the Trump’s social media posts have incited threats from his followers and intimidated witnesses.

While Merchan didn’t issue an immediate ruling, Trump seemed in no doubt about what it would eventually be. During a court break, he took to his Truth Social platform to knock the judge.

“HIGHLY CONFLICTED, TO PUT IT MILDLY, JUDGE JUAN MERCHAN, HAS TAKEN AWAY MY CONSTITUTIONAL RIGHT TO FREE SPEECH. “EVERYBODY IS ALLOWED TO TALK AND LIE ABOUT ME, BUT I AM NOT ALLOWED TO DEFEND MYSELF. THIS IS A KANGAROO COURT, AND THE JUDGE SHOULD RECUSE HIMSELF!”

Merchan was more than mildly skeptical of arguments by Trump’s lawyer, Todd Blanche, that the former president was merely defending himself against prosecution witnesses Cohen, a former Trump lawyer, and Daniels, an adult film star who says she had an affair with the former president.

In regard to one post about Daniels, Merchan asked for a specific comment that Trump was reacting to, but Blanche couldn’t provide an example.

During another exchange, Merchan ridiculed Blanche’s argument that the gag order didn’t extend to reposting other people’s comments.

“It’s your client’s position that any time he reposted it that he did not believe he was violating the gag order?” Merchan said.

“Mr. Blanche, you’re losing all credibility,” Merchan said.

To contact the reporters on this story:
Patricia Hurtado in Federal Court in Manhattan at pathurtado@bloomberg.net;
Hadriana Lowenkron in Washington at hlowenkron@bloomberg.net

To contact the editors responsible for this story:
Misyrlena Egkolfopoulou at megkolfopoul@bloomberg.net

Anthony Aarons, Steve Stroth

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