In an announcement made this Tuesday, presiding Judge Juan Merchan established that our former President Donald Trump is compelled to pay a sum of $9,000 for a total of nine incidences that purportedly violated the gag order imposed on him under his current criminal trial. Each violation, as judged by Merchan, corresponds to a $1,000 fine, collectively adding up to the mentioned sum.
The genesis of these allegations finds its roots when Merchan implemented a consequential order that effectively restrained the former President from disclosing public statements regarding potential witnesses, legal counsel, jurors, or others related to the case, potentially disturbing the due course of the legal proceedings.
Opposing Trump, the prosecution’s allegations depict him breaching the court order up to 10 times, post its imposition. Howbeit, the controversial consequences of infringing the gag order that may even lead to a 30-day prison sentence under the New York state laws were not pursued.
In contrast, Merchan, at the behest of the prosecutors, resolved to impose a monetary penalty. Accordingly, for the time being, a $1,000 fine for each violation — the highest amount permitted under the state laws — was levied. Further, the presiding judge was urged to caution that any future infractions could potentially warrant incarceration.
The preceding week’s hearing on this matter provided certain indications about Merchan’s sentiments on this issue and his potential tendency to deliver a judgment unfavorable to the former president. Such judgments were especially noticeable during the exchanges between the judge and Todd Blanche, Trump’s representative attorney.
Blanche’s insistence that Trump abided by the court’s order was met with increasing skepticism from the bench. This culminated with Merchan informing the attorney that his credibility within the court’s precincts was waning.
It is noteworthy that Trump has previously expressed his unease regarding the gag order, viewing it as an unwarranted infringement on his constitutionally protected right to freedom of speech. As such, Steven Cheung, Trump’s spokesperson, has however, kept silent in response to inquiries for comments on the situation
The question now is whether Trump will adhere to the gag order and refrain from making public remarks about potential case witnesses like his previous lawyer, Michael Cohen, and adult film actress, Stormy Daniels, whom he was previously found in violation for commenting on.
The current predicament finds its roots in the charges pressed against Trump, specifically 34 felonies that revolve around alleged falsification of his business records. The charges arose from payments he made to Cohen, who allegedly paid Daniels $130,000 prior to the 2016 election. This sum served to conceal an alleged affair between Trump and Daniels.
Trump, in turn, reimbursed Cohen throughout 2017 with $420,000. An expense, a bonus, and tax-covering amount were added to the stated figure. Prosecutors contend that these payments, arranged via the Trump Organization, were not accurately labeled as legal payments.
Trump, however, has pleaded not guilty to these charges. His legal representatives uphold the stand that the checks were personal expenses, rather than business-related payments.
Earlier this year, around March, Merchan issued the gag order against Trump and included family members of court members into the restriction’s ambit around April. This extension was a response to Trump’s social media activities, which allegedly targeted the judge’s daughter.
Notably, the gag order related to the ‘hush money’ case represents the third such injunction against Trump. Earlier restrictions were imposed in the civil fraud case against him and his company, and in a federal criminal case related to Trump’s attempts to contest the 2020 election.
The supporting arguments for such restrictions have repeatedly held up in appellate courts. This recurrent theme saw Trump pay a $15,000 fine for two infringements in the civil fraud case. Notwithstanding these orders, Trump’s lawyers maintain that his First Amendment rights are being compromised. As part of his ongoing criminal trial obligations, Trump is required to be present each day.
