Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records to hide the reimbursement of a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
The combative hearing on Trump's alleged violations of the judge's limited gag order ended with the judge saying he will not rule from bench on the district attorney's motion to hold Trump in contempt, so a ruling will come later.
Before concluding the hearing, Judge Merchan told Trump attorney Todd Blanche, "You're not offering me anything … to hang my hat on."
The trial will resume shortly with the return of former National Enquirer publisher David Pecker to the witness stand.
Apr 23, 2024, 10:48 AM EDT
'You're losing all credibility,' judge admonishes defense
Judge Juan Merchan is visibly irritated with the lack of evidence presented by defense attorney Todd Blanche.
"You have presented nothing," Merchan said. "I have asked eight or nine times; show me the exact post he was responding to."
"You're losing all credibility with the court," Merchan said after Blanche suggested Trump has been careful to comply with the gag order.
Blanche attempted to represent that Trump did not intend to violate the gag order, but Merchan did not appear satisfied by the response.
"Are you testifying under oath that this is his position?" Merchan asked.
Former U.S. President Donald Trump with lawyer Todd Blanche (L), appears in court for his trial at Manhattan Criminal Court on April 23, 2024 in New York City.
Timothy A. Clary-Pool/Getty Images
"Do you want me to put him on the stand?" Blanche asked, though Trump did not take the stand.
Merchan strongly reacted earlier when Blanche suggested there were two tiers of justice in the courtroom.
"There are two systems of justice. Mr. Weisselberg is in prison, and Mr. Cohen is a witness," Blanche said, in reference to the former Trump Organization CFO who was sentenced to jail time for perjury.
"There are two systems of justice in this courtroom -- is that what you are saying?" Merchan responded.
Apr 23, 2024, 10:41 AM EDT
'It's just common sense,' defense argues regarding Trump's posts
The contempt hearing has turned tense as Trump attorney Todd Blanche tries to defend Trump's posts as mere responses to attacks -- but isn't giving clear examples of how Trump was being attacked.
Instead, Blanche asked the judge why the timing of the posts mattered -- prompting a strong rebuke from the judge.
"I'm asking the questions, OK?" Judge Merchan told Blanche. "Please don't turn it around."
Merchan continued to reprimand Blanche: "I'm asking a specific question over and over and I'm not getting an answer."
Merchan then lamented that nearly an hour into the hearing they are still only up to reviewing post NO. 2 of 10, and the jury is set to arrive at 11 a.m. ET to resume trial proceedings.
"The people got to speak as long as they want to," Blanche said regarding the prosecutors.
"The people were answering my questions," Merchan retorted.
So far, Merchan has appeared skeptical of what Blanche has been arguing in defense of the posts. Blanche at times has been struggling to answer Merchan's questions, at one point saying, "I don't have any case law to support that. It's just common sense."
Apr 23, 2024, 10:31 AM EDT
Prosecutors warn about seeking potential jail time
Donald Trump's lawyer Todd Blanche, during the contempt hearing on the limited gag order in the case, defended the former president's comments by arguing that Trump was responding to political attacks.
"President Trump does in fact know what the gag order allows him to do and not allow him to do," Blanche said. "There is no dispute that President Trump is facing a barrage of political attacks from all sides."
According to Blanche, while the limited gag order prohibits statements about a witness' potential participation in a case, Trump is allowed to make comments in response to political attacks from potential witnesses like Michael Cohen and Stormy Daniels.
Former President Donald Trump appears in court for his trial at Manhattan Criminal Court on April 23, 2024 in New York City.
Brendan McDermid-Pool/Getty Images
"They are talking about their very strong dislike of President Trump," Blanche said about a post related to former Daniels attorney Michael Avenatti's comments on Michael Cohen.
Judge Juan Merchan questioned Blanche about what exactly made Trump's response "political" in nature.
"You believe that everything Mr. Avenatti said does not relate to the trial, but the use of the word 'pardon' makes it political and in a sense authorizes your client to respond?" Merchan asked.
"It's everything. It can't just be a single word," Blanche responded.
"When your client is violating the gag, I expect more than one word," Merchan said.
Conroy asked Merchan to advise Trump that for future violations of the gag order, "incarceration is an option should it be necessary."
