Trump accused of 'willfully' violating gag order at disastrous contempt hearing: Furious judge warns he'll put Donald under oath to explain 'threatening' posts and rips into lawyer for 'losing all credibility' and 'silly' arguments

The judge in Donald Trump's blockbuster hush money trial threatened to put the former president under oath to explain 'threatening' posts he made on social media. 

In a stunning rebuke Judge Juan Merchan also lambasted Trump's lawyer Todd Blanche, saying he was 'losing all credibility' with 'silly' arguments.  

It came as the judge considered whether to find Trump in contempt of court for violating a gag order that prevents him from publicly criticizing witnesses and others involved in the case.

Judge Merchan ultimately reserved his decision following a hearing on the gag order lasting nearly two hours.  

The law permits the judge to send Trump to jail for up to 30 days if he is found to have violated the gag order. Trump has said it would be a 'great honor' to be jailed.

However, prosecutor Christopher Conroy told the court 'we are not yet seeking an incarceratory penalty' even though 'the defendant seems to be angling for that.'

Instead, the prosecution sought a $1,000 fine for each offending social media post and an order telling Trump to take them down.

Former President Donald Trump appears in Manhattan criminal court on Tuesday, April 23, 2024 in New York

Former President Donald Trump waits for the start of proceedings at Manhattan Criminal Court in New York, New York, USA, 23 April 2024

Karoline Leavitt,  a member of Trump's communications team, leaves Trump Tower in New York for his hush money trial

During the hearing Trump looked on as Conroy handed the court copies of 10 statements on the former president's Truth Social platform or campaign website that he said violated the order. 

Blanche argued that Trump believed he was not violating the order when he reposted comments made by other people.

In tense exchanges Judge Merchan said he wanted to hear that was in fact Trump's position.

He told Blanche: "How do I know that’s his position? Are you testifying under oath that that’s his position? 

'It's your client's position that when he reposts, he did not believe he was violating the gag order? I’d like to hear that. Or you just want me to accept it because you’re saying it?'

ln the trial Trump is charged with falsifying business records to cover up a $130,000 payment to porn star Stormy Daniels.

The payment was to buy her silence about an alleged sexual encounter she claims happened in 2006.

Trump has pleaded not guilty and also denies such an encounter took place.

He has been under a gag order imposed by Judge Juan Merchan which stops him publicly attacking witnesses, prosecutors and relatives of court staff.

However, on his social media site Trump has called Cohen and Daniels 'two sleaze bags who have, with their lies and misrepresentations, cost our country dearly.'

Trump has also made public statements about the jury.

Trump in court for a hearing about his gag order

Trump speaks to the media before going into court

Prosecutors highlighted a Truth Social post on April 17 in which Trump quoted Fox News commentator Jesse Watters.

Watters was quoted as saying that 'undercover liberal activists (are) lying to the judge in order to get on the Trump jury.'

Conroy said the part about jurors lying to get on the jury was added by Trump.

Watters was quoted as saying that 'undercover liberal activists (are) lying to the judge in order to get on the Trump jury.'

Waters was on air at 5.08pm and Trump's post was at 5.36pm that day, the court heard. 

Conroy said: 'The next day was the day juror 2 came in and said I don't think I can be in this any more because of things she'd been hearing.

'We ended up losing the juror. What happened was what this order was supposed to prevent. This defendant doesn't care.'  

Blanche said there was 'absolutely no willful violation of the gag order' in the 10 posts and that Trump had been responding to political attacks against him.

Judge Merchan then became testy as he went through the 10 posts.

In each case the judge asked Blanche what specific attacks Trump was responding to.

At one point Blanche responded ‘I don’t have a particular Tweet’ and ‘Your honor says the timing matters. Why?'

Trump sits in court with his lawyer Todd Blanche

Todd Blanche and Judge Juan Merchan had a heated exchange

Republican presidential candidate and former U.S. President Donald Trump walks with his attorney Todd Blanche,

Judge Merchan cut in: ‘I’m asking the questions. I keep asking you over and over again for a specific example and I’m not getting a specific example’.

The judge turned to one post at issue in which Trump called Cohen a ‘disgraced attorney and felon’.

Blanche said that Trump was expressing that he was ‘extremely frustrated with the two systems of justice in this courtroom’.

Judge Merchan shot back: ‘There’s two systems of justice in this courtroom?’ 

He went on to dismiss the suggestion that Trump’s posts did not breach the order because no immediate action was taken against him.

‘The idea that because the People or the court don’t take action the gag order is waived,’ Judge Merchan said, adding: ‘That’s just silly’.

The judge added: ‘You’ve presented nothing.’

He said:  Mr Blanche you’re losing all credibility with the court.'

Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024

Republican presidential candidate and former President Donald Trump gestures while he walks in Manhattan criminal court in New York, Tuesday, April 23, 2024

Conroy, the prosecutor, said: 'The defendant has violated this order repeatedly and hasn't stopped.'

He said Trump's attacks 'pose a very real threat to the integrity of judicial proceedings by intimidating the defendant's direct targets.'

The prosecutor said Trump had also breached the gag order for an 11th time the previous night 'on camera'.

That happened 'here in this building right outside those doors in a pen setup from which he has conducted press conferences'.

He was referring to remarks in which Trump said Michael Cohen, who will be the star witness in the case, 'wasn't very good' as a lawyer and accused him of getting 'caught lying'. 

New York Supreme Court Judge Juan Merchan listens to evidence

Former U.S. President Donald Trump watches as New York prosecutor Christopher Conroy speaks before Justice Juan Merchan during a hearing to discuss a gag order

Conroy said: 'The court should warn the defendant this will not be tolerated and remind him that incarceration is an option.

'He is having his day in court but he's doing everything he can to undermine this process'.

At an earlier hearing Judge Merchan had already scolded Trump for muttering loud enough to be heard by prospective jurors and for gesturing animatedly in court.

'I will not have any jurors intimidated in this courtroom,' Judge Merchan told Trump during an earlier hearing.

On Tuesday jurors are also hearing testimony from former National Enquirer publisher David Pecker.

Prosecutors say he participated in a 'catch and kill' scheme to suppress unflattering stories about Trump and help him get elected.

The National Enquirer paid $150,000 to former Playboy magazine model Karen McDougal for the rights to her story about a months-long affair with Trump in 2006 and 2007. It then did not publish the story. Trump has denied an affair with McDougal.