Trump shakes his head as frustrated judge says he doesn't have to speak to the press every day in tense gag order hearing on Michael Cohen and Biden's joke about 'stormy weather'

Donald Trump turned back to look at one of his top legal aides during a hearing on Thursday morning and shook his head, as his defense lawyer struggled to make his point to an increasingly irritated judge.

The former president is accused of four more breaches of a gag order.

Defense counsel Todd Blanche tried to argue that the restrictions were preventing his client from punching back against political opponents or responding to media reports about witnesses, such as National Enquirer publisher David Pecker.  

'Everybody can say whatever they want, except President Trump,' Blanche said.

'They’re not defendants in this case,' Judge Juan Merchan shot back, triggering laughter in the public gallery. Nor are they subject to gag orders, he added.

Donald Trump took his seat in court on Thursday morning after spending Wednesday on the campaign trail, visiting the crucial swing states of Wisconsin and Michigan

Trump railed against the gag order on his social media site two hours before arriving in court

EXCLUSIVEREAD MORE: The texts from Stormy Daniels' publicist claiming Trump first tried to silence her in 2012

 

Prosecutors allege that Trump violated a gag order four times last week, calling his former lawyer Michael Cohen a 'liar' and former National Enquirer publisher David Pecker, another witness, a 'nice guy' in interviews.

He also questioned the fairness of the jury as he continues to say the prosecution is political.

On Tuesday, he was fined $9000 for nine other breaches of an order designed to protect the jury, the court and witnesses.

The hearing on Thursday got testy at times, as Merchan signaled he will likely find Trump in breach of the order again. 

One of the exchanges focused on the moment last week when Trump called his former fixer Michael Cohen a liar as he stood in the hallway outside the courtroom. 

'You're telling me that the scrutiny is outrageous,' he continued. 'Nobody forced your client to go stand where he did that day.'

He added that Trump did not have to stand in front of media cameras set up in the  hallway and that the exit is in a different direction.

At that point Blanche said he agreed, triggering the angry shake of the head from Trump who expects his lawyers to act as attack dogs rather than agreeing with judges.

The exchange showed Merchan's skepticism for Trump's claims that the gag is affecting his free speech rights and his run for president.

Press aide Margo Martin was with Trump again on Thursday morning

Trump's former lawyer Michael Cohen was the subject of much of the contempt hearing

A pen has been set up outside courtroom 1530 for Trump to speak in front of cameras. It was an appearance here last week that prompted another alleged gag violation

Blanche also argued that it meant his client was unable to respond to attacks made by his election rival President Joe Biden.

'He mocked President Trump,' said Blanche, referring to a joke made at the White House correspondents dinner. 'He said Donald has had a few tough days lately, you might call it stormy weather.'

His client, he continued, was unable to respond because Stormy Daniels was likely to a witness in the case.

Nothing in the order means Trump cannot hit back at Biden, said Merchan. 

'The defendant knows whats he's doing.' said prosecutor Chris Conroy. 'He talked about a testifying witness... says nice things, in front of the cameras.'

It was a message to other witnesses as well as Pecker, he said. 

'it was deliberate and it was calculated: Pecker be nice,' he added.

They also say he breached the order by saying 'that jury was picked so fast — 95 percent Democrats. The area's mostly all Democrat.'

On Thursday, Conroy said there was no excuse for talking about a seated jury that will hear his case. 

Judge Merchan held Trump in contempt and fined him $9,000 for violations on Tuesday

Lawyer Keith Davidson, who represented former Playboy model Karen McDougal, gave evidence on Tuesday and is expected to resume his testimony after the contempt hearing

'By talking about the jury at all he places the process and this hearing in jeopardy and he did it anyway,' he said.

Blanche said it was part of Trump's belief that the proceedings were political, but Merchan cut him of 

'Did he violate the gag order? That's all I want to know, he said.

The order was imposed in order to protect witnesses and the jury, but Trump claims it prevents him responding to political attacks. 

Trump leaned back in his chair with his eyes closed as Conroy outlined how the defendant had called Cohen a 'liar' right outside the courtroom

'This is the most critical time, the time the proceeding has to be protected,' said Conroy.

He asked for the maximum penalty of a $1000 for each violation.

'We are not yet seeking jail,' he said. 

Trump was fined $9000 Tuesday for nine earlier counts and was ordered to remove social media posts that threw shade on the jury selection process and slammed Cohen, who is expected to be a key witness for the prosecution. 

Merchan said he would consider jailing Trump if he continued to breach the order. 

Keith Davidson is due to return to the stand after describing Tuesday how he negotiated hush money deals with the National Enquirer and Michael Cohen, Trump's former fixer, on behalf of former Playboy model Karen McDougal and porn actor Stormy Daniels.

Prosecutors say it was part of a scheme to illegally influence the 2016 election with a 'catch and kill' scheme to buy and bury negative stories about the then Republican candidate. 

Trump denies all 34 charges of falsifying business records.

Prosecutors accuse him of trying to hide the payments by entering them filing them as legal expenses.

Trump used Wednesday's day off to hit the campaign trail, visiting the key battleground states of Michigan and Wisconsin.