NY vs. Trump trial resumes as former president fights off gag order allegations
Former President Trump returned to court Tuesday as defense and prosecutors argue over whether Trump violated Judge Juan Merchan's gag order. Proceedings focus on the gag order throughout the morning, though attention will return to witness testimony in the afternoon.
Coverage for this event has ended.
Former President Trump addressed reporters in the midst of his New York criminal trial on Tuesday, condemning Judge Juan Merchan as a "highly conflicted judge."
Trump railed against the gag order imposed on him, which was a primary topic during Tuesday's court proceedings. The former president is accused of violating the gag order 11 times, and prosecutors are seeking an $11,000 fine for each alleged infraction.
Merchan did not hand down a final ruling regarding the gag order.
"I'm not allowed to talk, but people are allowed to talk about me," Trump said. "I'd love to talk to you people. I'd love to say what's on my mind, but I've got a gag order."
"I don't believe anything has happened like this. It's a disgrace and it's totally unconstitutional," he added.
Courtroom sketch of Trump on trial in Manhattan (REUTERS/Jane Rosenberg)
New York prosecutors on Tuesday revealed the other crime they claim former President Trump was trying to conceal when he allegedly falsified his business records.
Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first degree. In order for prosecutors to secure a criminal conviction, they must convince the jury that Trump allegedly committed the crime of falsifying business records in "furtherance of another crime."
New York prosecutor Joshua Steinglass on Tuesday said the other crime was a violation of a New York law called "conspiracy to promote or prevent election."
New York Law 17-152 states: "Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor."
Former National Enquirer publisher David Pecker testified that he worked with former Trump lawyer Michael Cohen to kill an unsubstantiated story about former President Trump fathering a child with a Trump Tower maid.
Pecker's Tuesday testimony came amid the New York vs. Trump trial. He said received a tip that a doorman at Trump Tower, Dino Sajudin, was offering to sell the story and name the maid in question.
Pecker said he notified Cohen of Sajudin's intent, and Cohen said the story was completely false, but said he would work to confirm it. Pecker said the Enquirer ultimately purchased the story with its own funds for $30,000.
He said if the story had turned out to be true, the Enquirer would have published it shortly after the 2016 election, but they could not verify the Sajudin's claims. In fact, Pecker testified the Enquirer ultimately found that the claims were "1000% untrue."
Pecker later confirmed to prosecutors that he had never paid to kill a story for Trump prior to the incident.
Police in New York City arrested a man in the hallway outside former President Trump's ongoing trial on Tuesday, saying the man had disturbed court proceedings.
The man was taken into custody just before 10:00 am. Police said he had refused to comply with multiple verbal orders prior to his arrest.
"The male individual failed to follow the instructions of New York State Court officers and was standing up and disturbing proceedings in overflow room 1523 at 100 Centre Street. He repeatedly failed to comply with the verbal commands of officers and was taken into custody and issued a summons for disorderly conduct and released," police said in a statement.
Police later identified the man as Jerry Province and said he has "several prior arrests throughout the city."
David Pecker, right. (Getty Images)
Former National Enquirer publisher David Pecker testified that he agreed to help former President Trump's 2016 campaign in a variety of ways on Tuesday.
Pecker, a witness for the prosecution, testified that he met with Trump and former lawyer Michael Cohen in 2015 after Trump announced his presidential run. He said he told Trump that he would be willing to publish positive stories about his campaign and run negative stories about his oppenents.
He also said he could be "the eyes and ears" of Trump's campaign when it came to killing salacious stories brought forward by any women. He said he thought it was likely that some women would come forward in an effort to sell their stories given Trump's history of being an "eligible bachelor" and "dating beautiful women."
He said he promised to notify Cohen if any such stories arose, and that he would work to have them killed in other magazines. If that failed, he said someone would have to purchase the story and have it go unpublished.
Pecker emphasized that the agreement was to remain a secret, and he instructed Enquirer bureau chiefs that all stories relating to Trump had to be vetted by him personally before publication.
A group of anti-Trump cable news legal commentators reportedly meet for a weekly Zoom call to discuss the latest on former President Trump's legal troubles.
The weekly meetings are scheduled for Fridays and are hosted by Norman Eisen, a CNN legal analyst and former Obama official, according to Politico Magazine.
"Do some of the people on the call align their positions as a result of their discussions? Yes, probably," Politico's Ankush Khardori wrote. "That can sound nefarious, but it is also the natural result of a group discussion that is working properly. People refine and clarify their positions. They find points of agreement that might surprise them. Their areas of disagreement become narrower, more precise."
Anti-Trump GOP commentators Bill Kristol and George Conway, liberal Harvard professor Laurence Tribe, former Nixon White House counsel John Dean, MSNBC legal analyst Andrew Weissmann, and former CNN legal analyst Jeffrey Toobin regularly attend the Zoom discussion, Politico reported.
The call serves as a chance to discuss different legal arguments and, according to the outlet, helps to "to generate and shape content for Trump-hungry consumers."
This is an excerpt from an article by Fox News' Hanna Panreck
Donald Trump (Getty Images)
Former President Trump railed against Judge Juan Merchan on social media minutes after a poor performance by his lawyers in a gag order violation hearing.
"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!" Trump wrote.
Merchan had been visibly annoyed with Trump's lawyer, Todd Blanche, during the gag order hearing. Blanche had argued that Trump's alleged violations had come in response to attacks by witnesses, but he repeatedly failed to provide examples of such attacks.
At one point, Merchan warned Blanche that he was "losing all credibility with this court.
Michael Cohen (Getty Images)
Former lawyer Michael Cohen reacted to the latest developments in former President Trump's NY vs. Trump trial on Tuesday.
Cohen's statement comes as Trump's legal team is struggling to fend off gag order violation accusations from Manhattan DA Alvin Bragg. Cohen says recent years have taught him that he is "stronger than I ever imagined."
“After the Trump administration had me remanded to solitary confinement for a total of 51 days, I learned that I am much stronger than I ever imagined. Strong enough to ensure that truth will prevail over Donald and his acolytes incessant lying and denigration of me in the court hallways or his UNtruth Social platform. Regardless, no one is above the law," Cohen said.
The jury was set to arrive to the Manhattan courthouse at 11 a.m. Trial proceedings will resume with former National Enquirer publisher David Pecker on the stand.
Former President Trump's legal team attempted to justify Trump's alleged gag order violations by arguing they only came in response to attacks by witnesses Michael Cohen and Stormy Daniels on Tuesday.
When Judge Juan Merchan asked for specific examples of what attacks Trump was responding to, however, attorney Todd Blanche could not identify one. The latest exchange in the New York vs. Trump trial left Merchan visibly annoyed, warning Blanche that we was "losing all credibility with the court."
Blanche objected, saying the prosecution had taken as much time as they desired to discuss the gag order violations earlier that morning.
"They were answering my questions," Merchan responded.
"[The DA's office] has presented 10 exhibits and the defense has presented nothing," he continued. "I’ve asked you eight or nine times, ‘show me the exact post that he was responding to’ and you haven’t been able to do that once."
Blanche had attempted to justify some of Trump's other alleged gag order violations by arguing that they were political in nature and that he could not be expected to remain silent as a presidential candidate. He also said situations where Trump is merely reposting an article from a third party, such as a news outlet, cannot constitute a violation.
Merchan objected to that line of argument, however, asking how such an article would appear on Trump's account without Trump approving it.
“It’s your client’s position that when he was reposting these things, he was not violating the gag order?" Merchan asked.
Prosecutors with Manhattan District Attorney Alvin Bragg's office argued that former President Trump's alleged gag order violations pose a "very real threat" to the trial.
Prosecutor Chris Conroy made the statement as Tuesday's proceedings got underway in the New York vs. Trump trial. He handed out copies of 10 social media posts that he says show Trump violating a gag order imposed by Judge Juan Merchan.
Eight of the posts were featured on Trump's Truth Social platform, while the other two were on his campaign website.
"Trump has violated the order repeatedly and hasn't stopped," Conroy said, adding that "He did it right here in the hallway outside."
The gag order prohibits Trump from publicly discussing witnesses in the case, such as former lawyer Michael Cohen and pornography actress Stormy Daniels. Conroy referenced Trump's latest comments to the press about the former.
Conroy says Trump said Cohen "wasn't very good" at his job.. "He put in a bill, calling it a legal expense, and I got indicted for that," he quoted Trump as saying of Conroy.
Prosecutors added Monday's alleged infraction to their ongoing list, making 11 total. Bragg's office is calling on Merchan to impose a $1,000 fine for each incident.
Donald Trump (Getty Images)
Former President Trump arrived to the Manhattan courthouse where his lawyers will face down DA Alvin Bragg's prosecutors regarding Trump's alleged gag order violations on Tuesday.
Trump's motorcade arrived just after 8:30 a.m. According to the court schedule, the first order of business will be alleged gag order violations. Judge Juan Merchan prohibited Trump from speaking publicly about witnesses in the case on April 1, and Bragg's office claims Trump has violated that order 10 times.
Bragg has called on Merchan to impose a $1,000 fine for each alleged infraction, while Trump's legal team says he never broke the order. Bragg has also requested that Merchan warn Trump that he could face prison time for further infractions.
Trump spoke briefly with the press before entering the courtroom, condemning ongoing anti-Israel protests taking place on college campuses across the country. He blamed the situation on President Biden as well, calling him an "incompetent man."
He did not offer any statements regarding the status of his trial.
Fox News' Brooke Singman appeared on the channel to give an update on former President Trump's New York trial on Tuesday.
Prosecutors with Manhattan District Attorney Alvin Bragg's office argue Trump has violated a gag order imposed by Judge Juan Merchan. They say Trump has made 10 violations so far and they called on Merchan to impose a $1,000 fine for each alleged infraction.
Merchan has set aside Tuesday morning to discuss the alleged violations. Trump's defense team says none of the examples provided by prosecutors constitute a violation.
Gag order talk will end around 11 a.m., at which point former National Enquirer publisher David Pecker will return to the witness stand.
Fox News legal editor Kerri Kupec Urbahn joined 'Fox & Friends' to discuss her key takeaways from Trump's trial in New York City as ex-National Enquirer publisher David Pecker is set to return to the witness stand.
Pecker's testimony began on Monday, but was cut short. Proceedings Tuesday morning will focus on whether Trump violated his gag order, but Pecker will return to the stand around 11 a.m.
The gag order, imposed by Judge Juan Merchan, prohibits Trump from speaking publicly about witnesses, their families, and the family members of some court officials.
Pecker, a witness for the prosecution, is expected to testify regarding the Enquirer's "catch-and-kill" operations. The term refers to incidents where the outlet would purchase rights to a story and then not publish on it, effectively killing the news.
Pecker is the first witness to be called in the case, and prosecutors are also expected to call former pornography actress Stormy Daniels and ex-lawyer Michael Cohen.
This is an excerpt from an opinion article by Fox News legal analyst Gregg Jarrett:
Hocus-pocus is a meaningless distraction or illusion that is intended to fool. That neatly summarizes District Attorney Alvin Bragg’s case against Donald Trump. The DA hopes to snooker a Manhattan jury into convicting the former president with a bag of legal tricks.
In most courtrooms, the chicanery would never work. But in this Trump-hating venue the defendant’s jury of purported peers are likely predisposed to accept magic for magic’s sake. They may want to believe there’s no white rabbit behind Bragg’s back, despite the pink ears peaking around his coat.
The first sleight of hand happened the moment the lead prosecutor addressed jurors during opening statements on Monday. Assistant DA Matthew Colangelo (formerly Joe Biden’s number three official at the Justice Department) told the panel, "This case is about a criminal conspiracy." Really?
Why, then, is Trump not charged with that? Even though Colangelo repeatedly accused the defendant of participating in a criminal conspiracy, the word "conspiracy" can be found nowhere in Bragg’s indictment. It’s not there because there was no criminal conspiracy. But that didn’t stop the prosecutor from deceiving the jury by arguing about an uncharged crime. Like a skilled magician, he hopes his pretense will fool them.
Not content with one canard, Colangelo slipped another one from his sleeve. More than once, he accused Trump of "election fraud," conveniently ignoring the fact that the Federal Election Commission examined Trump’s payments to porn star Stormy Daniels and determined there was no fraud because the money conferred did not qualify as a campaign donation. Federal prosecutors who investigated reached the same conclusion. So did Bragg’s predecessor. There was no crime.
Undeterred, Colangelo used pejorative terms to portray the Daniels cash as a nefarious scheme without bothering to mention that such non-disclosure agreements are perfectly legal and routine. Also, lawful and quite common was the alleged "catch and kill" device used by the tabloid, National Enquirer. On Trump’s behalf, it bought the rights to Daniels’ story about her supposed relationship with him but declined to publish it. Contractually, it had every right to do that.
The judge presiding over former President Trump’s classified documents case unsealed a slew of documents Monday evening pertaining to the FBI’s investigation into the former president and the FBI’s raid on his Mar-a-Lago estate in 2022.
U.S. District Judge Aileen Cannon ordered the release of the new documents, which provided a detailed look into the personnel involved in the raid on Mar-a-Lago and a play-by-play timeline of the raid. One of the documents is an FBI file that suggests the agency's investigation into Trump’s alleged mishandling of classified documents was dubbed "Plasmic Echo."
"This document contains information that is restricted to case participants," the document reads. It adds, "PLASMIC ECHO; Mishandling Classified or National Defense Information, Unknown Subject; Sensitive Investigation Matter."
Another unsealed FBI memo memorialized the role of Attorney General Merrick Garland in the investigation.
In a document dated March 30, 2022, Garland provided his approval to allow the investigation into Trump’s alleged mishandling of classified documents to upgrade to a "full investigation."
"This email conveys Department of Justice (DOJ) Attorney General (AG) [Merrick Garland] approval for conversion to a full investigation," a synopsis of the restricted document reads.
This is an excerpt from an article by Fox News' Lawrence Richard
Fox News contributor Jonathan Turley questioned why New York District Attorney Alvin Bragg would have brought former President Trump's case in the first place. Turley told "America Reports" that it is a "weaponization of the criminal justice system" before the 2024 election to keep Trump off the campaign trail.
JONATHAN TURLEY: Well, I think he's [former President Trump] right. This case, should not have been brought. And if it were brought, there was no reason to have this right before the election, in my view. But this is becoming the split screen election, right? Earlier, it was pretty damaging to see the split screen between Trump and different courtrooms.
This is even more effective when the other side of the screen shows Biden campaigning in key states, like Pennsylvania, while he's held in this courtroom. It really brings home something that bothers a lot of Americans, including people who don't particularly like Trump, that this is the weaponization of the criminal legal system. It's something we should all be able to condemn. But in this age of rage, it just does not matter to many people.
Former President Trump railed against the historic trial in Manhattan criminal court Monday, asking why the District Attorney's Office picked up the case after other law enforcement bodies did not pursue charges.
"If this were such a great case, why didn't the Southern District bring it? Who looked at it and turned it down. Why didn't numerous other agencies and law enforcement groups look at it? Because it was shown to everybody. And very importantly, why didn't the Federal Elections do anything about it? Because this is federal, it's not state," he said.
This is an excerpt from an opinion by Fox News contributor Liz Peek
Can Donald Trump beat Joe Biden in November despite being cooped up in a courtroom, fenced in by what he calls an ongoing "witch hunt"? It won’t be easy; the polls have tightened in recent weeks, perhaps because Biden is out campaigning, gleefully spewing taxpayer money to swing-state voters and slamming his opponent, and Trump is not.
Instead, Trump is on trial, again, in New York City.
His enemies in the liberal press are jubilant. Not because Trump has committed some heinous crime and will be brought to justice. Not because convicting the former president would make the lives of New Yorkers, or all Americans, better in any way. No, leftwing media types are exultant because they want to see The Donald disgraced, weakened and brought to his knees.
For proof, look no further than Maggie Haberman’s recent front-page piece in the New York Times. The Times writer is almost giddy.
Haberman, a long-time Trump antagonist, recounts the scene in the "decrepit" courtroom of Democrat donor Judge Juan Merchan, who is presiding over the hush money trial brought by Manhattan DA Alvin Bragg. Late in the day, the former president stands up, ready to go home, and is ordered by Merchan to "have a seat." Boom! Haberman is thrilled, noting that Trump "is used to setting his own pace" but suddenly, he is "stripped of control."
Haberman describes the real estate tycoon appearing "haggard and rumpled" by day’s end; "The mundanity of the courtroom has all but swallowed Mr. Trump" writes Maggie, dispelling his long-sought image of "bigness."
This is nectar to Trump opponents. After all, Gallup reports that only 38% of voters see President Biden as a "strong and decisive leader", compared to 57% who think Trump has those attributes. They hope Bragg’s show trial will eliminate that divide.
OutKick host Tomi Lahren joined 'Fox & Friends First' to discuss the latest on Trump's trial in New York City as a judge is set to decide whether the former president violated his gag order Tuesday.
Judge Juan Merchan's gag order prohibits Trump from speaking publicly about any of the witnesses or their families, as well as family members of court officials. Manhattan District Attorney Alvin Bragg argues Trump has violated the order seven times since April 1t, and is calling on Merchan to impose a $1,000 fine for each violation.
The parties will debate the gag order throughout Tuesday morning.
Lahren argued it is "not fair" that Trump is limited by the gag order while witnesses like former lawyer Michael Cohen and pornography actress Stormy Daniels are free to criticize him in the media.
"There are so many lies being told about him. I believe he deserves the ability, and I believe he has the duty, to respond so the American voter knows what's really going on," she said.
Judge Juan Merchan is expected to hear arguments Tuesday on whether former President Trump violated the gag order imposed upon him in his criminal trial.
The former president and presumptive Republican presidential nominee will be back in court Tuesday with his attorneys at 9:30 a.m. as Manhattan District Attorney Alvin Bragg and prosecutors allege he violated the gag order in the trial by posting on social media.
Merchan imposed a gag order on Trump before the trial began, ordering that Trump cannot make or direct others to make public statements about witnesses with regard to their potential participation or about counsel in the case – other than Bragg – or about court staff, DA staff or family members of staff.
Merchan also ordered that Trump cannot make or direct others to make public statements about any prospective juror or chosen juror. But on Saturday, he let loose with an all-caps rant on his social media platform.
Bragg argued in the first week of the trial that Trump violated his gag order more than seven times and that he should pay a $1,000 fine each for some of the instances. Bragg, in his motion, urged the judge to warn the former president that another violation could be punishable by up to 30 days of incarceration.
Trump and his defense attorneys have argued that the former president and presumptive Republican presidential nominee should not be bound by the gag order, saying it violates his First Amendment rights as well as the First Amendment rights of his supporters.
This is an excerpt from an article by Fox News' Brooke Singman
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