Judge Marchan hears arguments on whether President Trump violated gag order

Marchand said he would “reserve a decision” on whether President Trump violated the gag order through his social media posts.

Notably, Marchand decided to reserve judgment on the issue. If there is truly harm in allowing a former president to post about potential witnesses in the middle of a trial, then each day this goes unaddressed could theoretically affect the case. It is unclear when the judge will issue a ruling.

Marchan called for a short recess around 10:45 a.m. ET, and court was scheduled to resume at 11 a.m. ET.

Marchand’s obvious dissatisfaction with Blanche has just reached a boiling point.

“Mr. Blanche, you have lost all confidence in this court,” Judge Marchand said, in response to Blanche’s assertion that President Trump was trying to comply with the gag order.

Machan continued to ask Blanche if it was the former president’s position that he did not believe he violated the gag order by reposting.

“I’d like to hear that,” the judge said, hinting that he might want President Trump to confirm under oath that this is his position.

Blanche and Marchan have been at loggerheads over whether Trump’s reposts amount to endorsements.

Blanche argued that Trump’s reposting of the article on his Truth Social platform did not qualify as an endorsement.

Machan pressed Branch to provide case law to support that claim.

Blanche replies, “I have no case law…but it’s just common sense, Your Excellency.”

Blanche struggles to defend herself as the court turns to Trump’s social media posts about Mark Pomerantz, the former prosecutor who oversaw the Manhattan district attorney’s office’s investigation into Trump, and Cohen, the former lawyer who testified against Trump. It’s starting to happen.

Blanche says this is not an attack on Cohen. This is an attack on the system, and more specifically, on the prosecutor’s office that dismissed Mr. Cohen for lying on the stand while Mr. Allen Weisselberg was indicted and imprisoned for perjury. .

Machan again asked, “Which statement is this in response to?” Blanche said he was not complaining about the two justice systems in the court, but was reacting to the statement. Machan looks incredulous: “He says there are two systems of justice.” in this court? ” Blanche shyly says, “Yes, Your Excellency.”

Machan is irritated with Blanche.

“I’m asking a question!” Marchand told Trump’s lawyer. “I keep asking you to give me examples, but I never get an answer.”

Mr Marchan said the jury was scheduled to be here at 10:30 a.m. and he didn’t want to keep them waiting.

Blanche maintains that there was “no deliberate violation of the gag order” in the former president’s social media activities.

In his remarks to the judge, Blanche said Trump’s posts on Truth Social should be distinguished from content reposted to the platform by others, including witnesses who are not subject to the gag order. seems to be claiming that.

Conroy read and explained Trump’s Truth social post from last Wednesday, which Conroy called “very disturbing.”

Conroy explained that President Trump cited a claim by Fox News host Jesse Watters that there are hidden liberal activists who lied to judges in order to get on the jury. But Watters didn’t actually mention the jury in his on-air comments. Conroy said Trump himself added that.

Conroy rejected the Trump team’s argument that the former president’s social media posts were an attempt to defend himself as a presidential candidate, not as a criminal defendant.

“Throwing ‘MAGA’ in a post doesn’t make it political,” Conroy said. “If anything, it makes it more creepy.”

Conroy then refuted the Trump team’s claim that the defendant’s “reposts” on social media did not violate the gag order. Prosecutors argued that this claim was “contrary to common sense.”

“We are not yet seeking a prison sentence,” Conroy said, but “the defendant appears to be seeking one.”

It’s worth noting that Marchand’s order, which outlines what former presidents can and cannot say, does not prohibit witnesses from speaking at any time and for any reason. It is narrower than that, and the judge already recognized its scope this morning. The order states that they are prohibited from speaking about witnesses insofar as they relate to their “possible participation in an investigation or criminal proceeding.”

Marchan expanded the partial gag order this month after Trump launched an online attack against his daughter, who worked at a progressive digital marketing agency that has worked with many Democratic candidates. Bragg argued that Trump was in contempt of court for violating the gag order. Prosecutors allege that he continues to violate the law, including yesterday, when Trump again called Cohen a liar in his courtroom remarks.