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Judge Juan Merchan once again found Donald Trump in contempt for violating a gag order during his Stormy Daniels trial – slapping on a new fine and threatening to jail him if he determines violations continue.
Merchan blasted Trump for ‘continued and willful’ violations of the gag barring comments on witnesses and others that he said might threaten the 'fair administration of justice.'
‘I cannot allow that to continue. As much as I do not want to impose a jail sanction ... I will if necessary and appropriate,' he said inside court at the start of the 12th day of Trump's trial.
The judge slapped Trump with a $1,000 fine for the violation, which comes in addition to additional findings following an earlier hearing that resulted in fines totalling $9,000.
Judge Juan Merchan admonished Donald Trump and again threatened him with jail 'if warranted' if he violates a gag order against him
‘It appears the $1,000 fines are not serving as a deterrent therefore going forward this court will have to consider a jail sanction,' he said.
The judge said Trump's repeated comments constitute a 'direct attack' on the process and would not be allowed to continue.
'Defendant is hereby put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration.'
Trump stared blankly ahead while receiving the judge's lecture.
But the billionaire avoided some additional fines Monday. The judge ruled that three earlier public statements raised by prosecutors didn't meet the threshold of beyond a reasonable doubt.
Trump was back in court for Day 12 of his criminal trial in the Stormy Daniels case
'Defendant is hereby put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration,' said Merchan, who had already fined Trump $9,000
The admonition from the bench came just minutes after Trump delivered another of his broadsides from inside the courthouse, complaining about the gag order the judge imposed on him, and repeatedly calling him 'conflicted.'
'The judge is totally conflict – is totally conflicted, and you ought to take a look at it,' Trump told reporters. He was referencing his own repeated attacks on the judge due to his daughter's work for an online advocacy firm with top Democratic clients.
'And I'm not supposed to be talking about it,' Trump said with lawyer Todd Blanche at his side. 'But I am allowed to say that the judge has a conflict like nobody's ever had before. You to take a look at it,' he said.
'He's taken away my constitutional right to speak ,' Trump fumed.
Trump is accused of 34 counts of falsifying financial records in the case, which on Friday featured tearful testimony by his former longtime aide Hope Hicks. He has pleaded not guilty.
Even as the judge threatened jail, he said he was reluctant to do so – even pointing to the logistics of jailing a former president under constant Secret Service protection.
'It’s important to understand that the last thing I want to do is to put you in jail. You are a former president of the United States and possibly a future president, as well,' the judge told him.
‘There are many reasons why this is truly the last resort,’ he revealed. Then he referenced concern about people 'who would have to execute that sanction.'
That includes ‘court officers, corrections officers, Secret Service detail among others'. But he acknowledged jailing Trump ‘would be disruptive to these proceedings.’
'At end of the day I have a job to do — part of that job is to protect the dignity of the judicial system,' he said.
The statement that drew the fine and the contempt finding came on April 22 during the trial on Just the News, No Noise, a program aired on the conservative Real America's Voice network online. He complained about the judge and the Manhattan venue where the jury is drawn from.
Trump said the judge is 'rushing the trial like crazy. Nobody's ever seen a thing go like this. That jury was picked so fast – 95 percent Democrats. The area's mostly all Democrat. You think of it as a - just a purely Democrat area. It's a very unfair situation that I can tell you.'
On the statements that Trump got away with, the judge found that some that the court couldn't find beyond a reasonable doubt were not 'protected political speech' in response to political attacks by former Trump fixer Michael Cohen, a potential witness.
He also decided not to fine Trump for statements complimenting witness David Pecker, the ex-National Enquirer publisher tho testified about helping arrange 'hush' agreements and coordinating with Trump on coverage in 2016.
Trump had responded to a question about Pecker by saying he has 'been very nice.' He also called him a 'nice guy.'
'To be sure, this Court understands the People's argument as it pertains to this Exhibit and agrees that often seemingly innocuous or even complimentary words and phrases can in truth conceal a more nefarious purpose, such as to threaten, harass or intimidate,' he ruled.
'However, context, facial expressions, emphasis and even cadence ate critical in reaching such a determination. Under the circumstances here, this Court cannot find beyond a reasonable doubt that the statement in question constituted a veiled threat to Mr. Pecker or to other witnesses.'