Trump lambasts Judge Merchan after witness testimony wraps in NYC criminal trial

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Former President Donald Trump  said he'd make the "sacrifice" of going to jail to defend free speech amid the trial in Manhattan where the 45th president is under a gag order he has slammed as "unconstitutional."

"I have to watch every word I tell you people. You ask me a question, a simple question I'd like to give it, but I can't talk about it because this judge has given me a gag order and [says] you'll go to jail if you violate it," Trump said in remarks outside the courtroom Monday afternoon.

"And frankly, you know what? Our Constitution is much more important than jail. It's not even close. I'll do that sacrifice any day."

Earlier Monday, presiding Judge Juan Merchan said he will consider a jail sentence for Trump if he continues to violate the gag order. The gag order prevents Trump from making or directing others to make public statements about witnesses and their potential participation or remarks about court staff, DA staff or family members of staff.

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Former President Donald Trump took aim at the prosecution after Monday's court proceedings, arguing that it is a "disgrace" that the prosecution would need so much time to make its case.

"So we just found out the government just said that they want 2 to 3 more weeks. That means they want to keep me off the trail for 2 to 3 more weeks," Trump said after the jury was released for the day Monday.

The comments come after Judge Merchan asked the prosecution how much more time it would need to make its case with the prosecution answering that things were moving along well but they would still need a few more weeks.

Trump, who has come under continued pressure to follow a gag order imposed by Merchan, responded to the moment by accusing the judge of attempting to keep him off the campaign trail.

"The judge is so happy about 2 to 3 more weeks because they all want to keep me off the campaign trail. That's all this is about. This is about election interference," Trump said.

Deborah Tarasoff, a Trump Organization accounts payable supervisor said that only former President Trump was able to sign off on checks from his personal account.

Tarasoff confirmed during Monday testimony that “only Mr. Trump” could and can sign checks from the personal account - any checks, no matter the amount.

Tarasoff added that if Trump “didn’t want to sign a check, he didn’t sign it.” Trump would would also write "void" on a check and send it back, Tarasoff said, adding that void or Trump's signature would be written in black sharpie.

Tarasoff, who testified that she did not have any decision-making authority and only followed instructions, described the Trump organization as a family business during her testimony, saying that she has worked with all three of Trump's adult children through the years.

Tarasoff was the last person to testify during Monday's proceedings, with Judge Merchan announcing that the jury was dismisses for the day and ordering them not to discuss or research the case.

Fox News legal editor Kerri Urbahn talked about the impact of Hope Hicks' testimony and the president being threatened with jail time for gag order violations.

"He could, but just because you an do something doesn't mean you should or that he will," Urbahn said when discussing whether Judge Merchan would follow through on threats to jail former President Donald Trump for continued breaking of a gag order in the case. "Not that a judge is supposed to be thinking about politics, but this judge obviously thinks about politics given his past donations to Joe Biden and stop Republicans groups, so we know that he is attuned to the political scene. It would be political suicide though."

Merchan made the threat after Trump has repeatedly spoken out publicly about the case in violation of the gag order, with the judge arguing that financial fines have not been enough to deter the former president.

Former President Donald Trump did not personally direct a Trump Organization executive to set up reimbursement payments to former Trump attorney Michael Cohen, according to witness testimony Monday in the NY v. Trump case.

"Michael Cohen was a lawyer?" defense attorney Emil Bove asked former Trump Organization controller Jeffrey McConney Monday at the start of the fourth week of the trial.

"Sure, yes," McConney responded.

"And payments to lawyers by the Trump Organization are legal expenses, right?" asked Bove.

"Yes," said McConney.

"President Trump did not ask you to do any of the things you just described ... correct?" Bove asked.

"He did not," McConney replied.

Trump is in Manhattan for the fourth week of trial, where he is facing 34 counts of falsifying business records. The NY v. Trump case focuses on Trump’s former attorney Cohen paying former pornographic actor Stormy Daniels $130,000 to allegedly quiet her claims of an alleged extramarital affair she had with the then-real estate tycoon in 2006. Trump has denied having an affair with Daniels.

Former Trump payroll corporation attorney William J. Brennan spoke to Fox News about the gag order in his former boss' New York trial while also arguing that there was still no "smoking gun" in the case.

"I haven't heard anything yet that jumps off the page, there's no smoking gun," Brennan said while discussing the testimony earlier in the day.

The former Trump attorney went on to argue that the prosecution has so far "cobbled" the case together with "duct tape and zip ties," while also noting that the former president also enjoys the presumption of innocence.

But Brennan also praised Judge Merchan, saying that the judge presiding over the case is in a "tough spot" but argued that he is "a pro" at what he does.

"He's the real deal," Brennan said, while also noting that he believed the judge would following through on a jail sentence if Trump were to continue violating his gag order in the case.

Former President Donald Trump waved and gave a thumbs up to reporters and cameras as he reentered the courtroom Monday for the afternoon session of the trial.

Judge Juan Merchan is back on the bench to resume the session, while the defense has objections to exhibits that are supposed to be presented during the next witness' testimony.

Trump's legal team and the judge are discussing those objections before bringing in the jury and calling the next witness to the stand.

The next witness will be Deborah Tarasoff, a Trump Organization accounts payable supervisor.The former accounts payable supervisor allegedly helped arrange the hush money payments to former Trump-attorney Michael Cohen, with Tarasoff labeling the payments to the attorney as "legal expenses" or "retainer" at the time they were made.

However, the defense is expected to argue that she or he subordinate labeled with payments that way without the knowledge of Trump.

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Former President Trump is facing an unprecedented trial in Manhattan where he faces 34 felony counts for falsifying New York business records. 

Amid court proceedings, which entered their fourth week Monday, Trump has repeatedly complained that the trial has not only taken him off the campaign trail, but also away from his family. 

One of Trump’s family members, his son, Eric Trump, has attended the trial. Eric Trump attended on April 30, where father and son were seen speaking in the court before proceedings kicked off that day. 

Trump’s youngest son, Barron Trump, became a focal point of the trial when it first began, with Trump urging the court to let him leave Manhattan on May 17 to attend his son’s high school graduation in Florida. Presiding Judge Juan Merchan finally agreed to Trump attending the ceremony, despite initially resisting the request, citing the importance of being present each day for court. 

The former president has also posted repeatedly on social media or spoken to the media about his family amid the trial, including lamenting that he couldn’t be with his wife, Melania Trump, on April 26 to celebrate her birthday. 

“I want to start by wishing my wife, Melania, a very happy birthday,” Trump said last month outside the courtroom. 

“It would be nice to be with her,” he added. 

Trump has also posted a photo of him with three of his grandchildren during the trial. 

The former president has pleaded not guilty to all charges in the case, while slamming the trial as a “scam” promoted by the Biden administration ahead of the 2024 election.

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Former Trump Organization controller Jeffrey McConney left the stand after roughly three hours of testimony, after which the court went on a break for lunch.

During  his testimony, McConney detailed former President Trump's cash position at the time in question, noting that it was often in the hundreds of millions of dollars and was "at least" $60 million throughout 2017.

McConney also detailed that the 1099 forms filed for the Michael Cohen payments were provided to the IRS, though he confirmed it would have been up to Cohen to determine how to treat those payments for his own personal taxes.

Trump exited the courtroom shortly after the former controller's testimony. The former president did not speak with reporters, only giving a thumbs up to cameras on his way out of the room. He also did not speak during the morning's proceedings.

Proceedings are scheduled to resume at 2:15 p.m. ET.

Former Trump Organization controller Jeffrey McConney testified that former President Donald Trump did not personally task him with carrying out alleged hush money payments in 2017.

Asked by Trump attorney Emil Bove if Trump had asked McConney to carry out any of the tasks he earlier detailed to the prosecution, the former controller testified that Trump "did not."

McConney also testified that he did not speak to Trump frequently, and that any talks he did have with the former president would not have been about accounting software.

Former acting attorney general Matt Whitaker reacts to the latest from New York v. Trump, arguing that the prosecution is "not delivering" on what they promised.

"Every witness has gone to undermine the core of their case," Whitaker said.

Former President Donald Trump's attorney Emil Bove has begun to cross-examiner former Trump Organization controller Jeffrey McConney.

McConney testified Monday about the accounting for payments made to former Trump-attorney Michael Cohen, which totaled $420,000 throughout 2017, the controller confirmed.

McConney also confirmed Trump's signature on a financial disclosure former from 2018 that was entered into evidence.

Former Trump Organization controller Jeffrey McConney testified Monday how Michael Cohen received alleged hush money payments throughout 2017.

McConney testified that he was directed by former Trump Organization Chief Financial Officer Allen Weisselberg to reimburse Cohen with $35,000 per month payments, with the last being sent to Cohen in December of 2017.

McConney confirmed that they switch from using a trust account to former President Trump's personal account in March, with an email from McConney to Cohen being entered into evidence that showed the controller replying to Cohen and confirming that checks would have to be sent to the White House to be signed by Trump.

A total of $420,000 was sent to Cohen, a number that was "grossed up," which McConney confirmed was for tax purposes.

Prosecutors with in the New York v. Trump case called Jeff McConney to the witness stand on Monday.

McConney, the 10th witness in the case, served as senior vice president controller at the Trump organization until his retirement last year. He handled tax returns for the company and is testifying under a subpoena by the prosecution.

He testified on Monday that former President Trump effectively served as his boss for the nearly 50 years he handled the Trump organization's tax returns.

McConney graduated Baruch College in 1978, during which he worked part time for a real estate firm. After graduating he worked for an accounting firm, and then was hired by the Trump Organization in 1987. He is now "happily" retired.

Judge Juan Merchan says the $1,000 fines imposed on former President Trump "are not working" to prohibit him from violating the gag order against him, and he may resort to imposing jail time.

Merchan made the announcement at the start of proceedings in the New York v. Trump trial on Monday. Merchan found Trump in contempt of court for violating the gag order for a 10th time.

"The last thing I want to consider is jail," Merchan said. "You are former president and possibly the next president. The magnitude if that decision is not lost on me.”

“Your continued willful violation of the court’s order…constitutes a direct attack on the court and will not be allowed to continue," Merchan added.

Merchan also ordered that that all Trump's posts violating the gag order must be removed by 2:15 pm on Monday.

"Defendant is hereby put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration," Merchan's Monday order reads.

Merchan's gag order prohibits Trump from speaking publicly about witnesses in the case, such as former lawyer Michael Cohen and pornography actress Stormy Daniels.

Former President Trump once again condemned Judge Juan Merchan as "deeply conflicted" before heading into the courtroom for proceedings in his New York v. Trump trial on Monday.

Trump argued that Merchan's gag order against him is "unprecedented" and "unconstitutional." The gag order prevents him from publicly discussing witnesses in case, and he has already been fined $9,000 for violations.

Merchan may impose additional fines for other accusations from Manhattan DA Alvin Bragg's office.

Trump also expressed his frustration at not being able to go on the campaign trail. He is legally required to attend his trial whenever it is in session.

Monday's proceedings are expected to continue with more witnesses from the prosecution.

Being found in "contempt of court" is typically recognized as either the defiance of a court's order or behavior that could hinder or disrupt the court's procedures. In response to such contempt, judges possess the power to impose monetary fines or, at their discretion, to order imprisonment.

The judge holding former President Trump in contempt of court is a historic first in the current criminal proceedings, as no former president has been charged with this offense before. 

The move was designed to enforce the gag order barring Trump from commenting on witnesses, jurors, or the family members of anyone involved. However, according to New York state law, the maximum punishment for contempt “may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.”

Sources say the $9,000 Trump was fined in total – $1,000 for each violation – is unlikely to impact the former president’s pocketbook, but the 30 days in jail could be considered a severe enough threat to convince Trump to abide by the gag order. Trump was ordered to pay the fines by last Friday and has paid up.

Michael Dreeben is a former Deputy Solicitor General with expertise in criminal law. He is one of two lawyers arguing before the Supreme Court on behalf of the government in the case relating to former President Trump's presidential immunity claims.

Dreeben, an attorney for Special Counsel Jack Smith, has argued that Trump should not have immunity from prosecution and that nobody – including former U.S. presidents – is above the law. He argued in the case last week, and SCOTUS adjourned until June.

Dreeben has argued more than 100 cases before the Supreme Court, making him a veteran of the legal community. 

In 2017, he joined Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 election. During a recent proceeding, he defended the prosecution of Trump, acknowledging that while there “there is no perfect system,” he believed justice would prevail.

Former President Trump will see several of the cases brought against him, both criminal and civil, head to court ahead of the November election in 2024.

In February, New York Judge Arthur Engoron ruled against Trump in a civil fraud case alleging that he inflated his assets, finding him liable for more than $350 million in damages and barring him from doing business in the state of New York for three years.

Trump is currently on trial for the next several weeks defending himself against 34 counts of falsifying business records in the first degree, including making hush money payments to adult film actress Stormy Daniels. The trial began in April and is expected to last several weeks.

A trial in the case accusing Trump of illegally retaining classified documents is currently set to begin on May 20. Trump's lawyers argued that since the former president made this decision while he was still in office, it "was an official act, and as such is subject to presidential immunity." 

Trump's election interference case, brought against him by Fulton County District Attorney Fani Willis of Georgia, could begin as soon as August, but does not yet have an official trial date.

Fox News' Aubrie Spady contributed to this report

Former President Trump is still actively campaigning for president in 2024, despite having to spend most days in a Manhattan courtroom.

Trump is required, by law, to attend his court hearings in person every Monday, Tuesday, Thursday and Friday or the next several weeks, unless the judge says otherwise.

Although his attorneys have spent most days defending him against 34 counts of falsifying his business records, Trump has managed to squeeze in campaign-related events as he gears up for November. Most recently, Trump has utilized his having one day off from court, holding rallies in both Michigan and Wisconsin on Wednesday.

The GOP nominee has also maintained his strong social media presence and continues to engage with voters via his Truth Social account amid his ongoing trial.

Fox News' Aubrie Spady contributed to this report

In recent court proceedings, Judge Juan Merchan fined former President Trump a total of $9,000 for nine separate violations of a gag order. Trump’s violations were in the form of nine inflammatory posts on social media. The gag order imposed on Trump bars him from publicly speaking about the witnesses in the trial or family members of court officials. Merchan warned that if Trump continues to violate the order, he could face "incarceratory punishment.” 

According to Merchan, if Trump continues to violate his orders and he is held in contempt of court, he could serve up to 30 days behind bars per infraction. Trump has maintained his innocence against the charges and has made his displeasure with both the gag order and the fines for violations known, claiming his First Amendment rights were being restricted.

Fox News Digital's Emma Colton contributed to this report.

The New York v. Trump trial could hear testimony from pornography actress Stormy Daniels as soon as this week, with Manhattan prosecutors quickly moving through their list of witnesses.

Prosecutors with Manhattan DA Alvin Bragg's office are ultimately building toward testimony from former lawyer Michael Cohen, who worked for former President Trump ahead of the 2016 election.

They argue Trump reimbursed Cohen for hush money payments made to Daniels just weeks before election day in 2016, and they seek to establish that those payments falsified in Trump's business records.

Los Angeles attorney Keith Davidson, who represented Daniels in 2016, testified last week. He said he represented Daniels in hush money discussions with Cohen near the close of the 2016 presidential campaign.

Daniels and Cohen remain the star witnesses for the prosecution, and their testimony will likely take place at the very end of Bragg's witness list.

Since former President Trump’s hush money trial began, several polls found that his popularity among Republican voters has only increased.

A recent Quinnipiac University poll in April found that Trump and Biden are tied with 46% support, a narrowing in the race since Trump's trial began and after a March poll that found Biden leading by 3 points: 48%-45%.

A CNN poll, released weeks after the hush money trial commenced, reported Trump was leading Biden by 6 points on a general election ballot. According to the poll, Trump led by 9 points against Biden when Independent candidates Robert F. Kennedy, Jr. and Cornel West were in play.

NPR/PBS NewsHour/Marist released a poll on May 1 that found Biden leading Trump by two percentage points. However, in the situation that there is a more crowded general election ballot, the former president was found to be tied with Biden.

Former President Trump’s criminal trial will resume Monday after an eventful third week that saw key witnesses testify and thousands of dollars in fines against the presumptive Republican nominee — with the possibility of additional fines looming. 

Trump has pleaded not guilty to 34 counts of falsifying business records in the first degree. The charges stem from a years-long investigation by the Manhattan District Attorney’s Office. 

The charges are related to alleged payments made to silence adult film actress Stormy Daniels about an alleged extramarital affair with Trump before the 2016 election. 

DA Alvin Bragg must convince the jury that not only did Trump falsify the business records related to hush money payments, but that he did so in furtherance of another crime, conspiracy to promote or prevent election. 

On their own, falsifying business records and conspiracy to promote or prevent election are misdemeanor charges. 

Prosecutors, during the third week of the trial, called a number of witnesses to testify, including Keith Davidson, an attorney who once represented Stormy Daniels and Playboy model Karen McDougal. 

Davidson said Daniels’ denial of an affair with Trump was technically true. He also testified that the money ex-Trump attorney Michael Cohen paid her was not a payoff, but a "consideration." 

Trump’s defense attorneys, during cross-examination, played audio recordings of Davidson, in which he can be heard admitting Cohen did not need authority from Trump to make the payment to Stormy Daniels. 

This is an excerpt from an article by Fox News' Brooke Singman