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Judge holds Donald Trump in contempt, fines him $9,000 and raises threat of jail in hush money trial

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Former U.S. President Donald Trump walks, as his criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016 continues, at Manhattan state court in New York City, on April 30, 2024
| Photo Credit: Reuters

Donald Trump was held in contempt of court on April 30 and fined $9,000 for repeatedly violating a gag order that barred him from making public statements about witnesses, jurors and some others connected to his New York hush money case. If he does it again, the judge warned, he could be jailed.

Prosecutors had alleged 10 violations, but New York Judge Juan M. Merchan found there were nine. The ruling was a stinging rebuke for the Republican former president, who had insisted he was exercising his free speech rights.

Merchan wrote that Mr. Trump “is hereby warned that the Court will not tolerate continued willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment.”

Mr. Trump stared down at the table in front of him as the judge read the ruling, frowning slightly.

The ruling came at the start of the second week of testimony in the historic case. Manhattan prosecutors say Trump and his associates took part in an illegal scheme to influence the 2016 presidential campaign by burying negative stories. He has pleaded not guilty.

Trump must pay the fine by the close of business on Friday, Merchan said in a written ruling. He must remove seven offending posts from his Truth Social account and two from his campaign website by 2:15 p.m. EDT Tuesday, Merchan said.

Merchan is also weighing other alleged gag order violations by Trump and will hear arguments Thursday.

Court was resuming Tuesday with Gary Farro, a banker who helped Trump’s former attorney Michael Cohen open accounts, including one that Cohen used to buy the silence of porn performer Stormy Daniels. She alleged a 2006 sexual encounter with Trump, which he denies.

For his part, the former president and presumptive Republican nominee has been campaigning in his off-hours, but he is required to be in court when it is in session, four days a week. Outside the courtroom, Trump criticized prosecutors again.

“This is a case that should have never been brought,” he said.

Jurors so far have heard from two other witnesses. Trump’s former longtime executive assistant, Rhona Graff, recounted that she recalled once seeing Daniels at Trump’s office suite in Trump Tower and figured the performer was a potential contestant for one of Trump’s “Apprentice”-brand shows. Former National Enquirer publisher David Pecker laid out how he agreed to serve as the Trump campaign’s “eyes and ears” by helping to squelch unflattering rumors and claims about Trump and women.

Through detailed testimony on email exchanges, business transactions and bank accounts, prosecutors are forming the foundation of their argument that Trump is guilty of 34 felony counts of falsifying business records in connection with the hush money payments. The prosecution is leading up to crucial testimony from Cohen himself, who went to federal prison after pleading guilty to campaign finance violations and other crimes. Trump has denied any wrongdoing and pleaded not guilty.

It’s unclear when Cohen will take the stand; the trial is expected to go on another month or more. And with every moment Trump is in court as the first of his four criminal trials plays out, he’s growing increasingly frustrated while the November election moves ever closer.

“Our country’s going to hell and we sit here day after day after day, which is their plan, because they think they might be able to eke out an election,” Trump declared last week in the courthouse hallway.

Also this week, Merchan may decide on prosecutors’ request to fine Trump for what they say were violations of a gag order that bars him from making public statements about witnesses, jurors and some others connected to the case. The judge also has set a hearing Thursday on another batch of alleged gag order violations.

Prosecutors used Pecker, Trump’s longtime friend, to detail a “catch and kill” arrangement in which he collected seamy stories about the candidate so the National Enquirer or Trump’s associates could buy and bury the claims. Pecker described how he paid $180,000 to scoop up and sit on stories from a doorman and former Playboy model Karen McDougal. He didn’t involve himself in the Daniels payout, he said. He testified for parts of four days.

Trump says all the stories were false. His attorneys used cross-examination to suggest Trump was really engaged in an effort to protect his name and his family — not to influence the outcome of the presidential election.

Farro first took the stand Friday. While a senior managing director at First Republic Bank, he was assigned to work with Trump’s lawyer for about three years, in part because of his “ability to handle individuals who may be a little challenging,” Farro said, adding that he didn’t find Cohen difficult.

Farro detailed to jurors the process of helping Cohen create accounts for two limited liability companies — corporate-speak for a business account that protects the person behind the account from liability, debt and other issues. Farro testified that Cohen indicated the companies, Resolution Consultants LLC and Essential Consultants LLC, would be involved in real estate consulting.

Prosecutors showed jurors emails in which Cohen describes the opening of the Resolution Consultants account as an “important matter.”

Cohen acknowledged when he pleaded guilty to federal charges in 2018 that it had been formed to send money to American Media, Inc., the Enquirer publisher. It was meant as a payback for their purchase of McDougal’s story. But the deal never went through.

Farro said that since the account was never funded, it was never technically opened. Instead, Cohen pivoted to starting up the Essential Consultants account, which he later used to pay Daniels $130,000.

When asked whether Cohen seemed anxious to get the bank accounts set up, Farro testified: “Every time Michael Cohen spoke to me, he gave a sense of urgency.”

Farro told the 12-person panel that the bank’s policy prohibited doing business with entities tied to “adult entertainment,” including pornography and strip clubs. Trump’s lawyers have not yet had a chance to cross-examine Farro.

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Trump surrenders at Atlanta jail, gets mugshot taken and is then released

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Former U.S. President Donald Trump was arrested at a Georgia jail on August 24 on racketeering and conspiracy charges for trying to overturn the 2020 election results in the southern State.

During a brief session lasting less than 30 minutes, the 77-year-old Mr. Trump was booked on 13 charges at Atlanta’s Fulton County Jail, according to records published by the sheriff’s office.

Mr. Trump’s height was listed by the jail as six foot three inches (1.9 meters), his weight as 215 pounds (97 kilograms) and his hair color as “Blond or Strawberry.”

Explained | The indictment against Donald Trump 

Mr. Trump left Atlanta jail roughly 20 minutes after surrendering, reported AP. He was released on $200,000 bond and headed back to the airport for his return flight home to New Jersey.

Mr. Trump arrived in Georgia on August 24 evening to surrender on charges that he illegally schemed to overturn the 2020 election in that State, a county jail booking that yielded a historic first: a mug shot of a former American President.

Mr. Trump’s surrender, coming amid an abrupt shake-up of his legal team, follows the presidential debate in Milwaukee the night before featuring his leading rivals for the 2024 Republican nomination — a contest in which he remains the leading candidate despite broad legal troubles. His presence in Georgia, though likely brief, is swiping the spotlight anew from his opponents after the debate in which they sought to seize on his absence to elevate their own presidential prospects.

Mr. Trump landed in Atlanta shortly after 7 p.m. and was to be driven, through the city’s rush-hour traffic, to jail for the booking process. Wearing his signature white shirt and red tie, he offered a wave and thumbs up as he descended the steps of his private plane.

The Fulton County prosecution is the fourth criminal case against Mr. Trump since March when he became the first former President in U.S. history to be indicted. Since then, he’s faced federal charges in Florida and Washington, and this month he was indicted in Atlanta with 18 others — including his ex-chief of staff, Mark Meadows, and former New York Mayor Rudy Giuliani — under a racketeering statute normally associated with gang members and organized crime.

Former President Donald Trump steps off his plane as he arrives at Hartsfield-Jackson Atlanta International Airport, on Aug. 24, 2023, in Atlanta.
| Photo Credit:
AP

Mr. Giuliani surrendered on August 23 and posed for a mug shot. Meadows, who had sought to avoid having to turn himself in while he sought to move the case to federal court, turned himself in August 24. The bond was set at $100,000.

Explained | How will the indictments affect Donald Trump?

The criminal cases have spurred a succession of bookings and arraignments, with Mr. Trump making brief court appearances before returning to the 2024 campaign trail. He’s turned the appearances into campaign events amid a far lighter schedule than his rivals, with staff delighting in wall-to-wall media coverage that has included news helicopters tracking his every move.

The campaign has also used the appearances to solicit fundraising contributions from his supporters as aides paint the charges as part of a politically motivated effort to damage his reelection chances. As Mr. Trump was en route from New Jersey to Atlanta, his campaign sent a message saying, “I’m writing to you from Trump Force One, on my way to Atlanta where I will be ARRESTED despite having committed NO CRIME.”

As afternoon turned to evening, scores of Mr. Trump supporters had gathered outside the jail where the ex-president was to surrender, some waving flags with Trump’s name, as officials tightened security measures.

His Atlanta surrender was different from prior ones, requiring him to show up at a problem-plagued jail — but without an accompanying court appearance for now. And unlike in other cities that did not require him to pose for a mug shot, Fulton County officials have taken a booking photo as they would any other defendant.

District Attorney Fani Willis has given all of the defendants until August 25 afternoon to turn themselves in at the main Fulton County jail. On August 24, her office proposed an October 23 trial date, though the complexities of the 19-person case — and potential scheduling conflicts with other Mr. Trump prosecutions — would appear to make it all but impossible. The date seemed to be a response to early legal manoeuvring by at least one defendant, Kenneth Chesebro, who requested a speedy trial.

Just ahead of his expected surrender, Mr. Trump hired a new lead attorney for the Georgia case.

Prominent Atlanta criminal defence attorney Steve Sadow took the place of another high-profile criminal defence attorney, Drew Findling, who had represented Mr. Trump as recently as Monday when his bond terms were negotiated. But by August 24 Mr. Findling was no longer part of the team, according to a person with knowledge of the change who spoke on condition of anonymity because they were not authorized to discuss the matter publicly.

Mr. Sadow, who has represented a rapper, Gunna, who pleaded guilty last year in a racketeering case also brought by Willis, said in a statement that “the president should never have been indicted. He is innocent of all the charges brought against him.”

“We look forward to the case being dismissed or, if necessary, an unbiased, open-minded jury finding the president not guilty,” he added. “Prosecutions intended to advance or serve the ambitions and careers of political opponents of the President have no place in our justice system.”

It’s not the first time this year that Mr. Trump has shaken up his legal team either in the run-up to an indictment or in the immediate aftermath. One of his lead lawyers, Tim Parlatore, left the legal team weeks before Mr. Trump was indicted in Florida on charges of illegally hoarding classified documents, citing conflicts with a top Trump adviser. Two other lawyers, James Trusty and John Rowley, announced their resignations the morning after that indictment was returned.

Mr. Trump has repeatedly denied any wrongdoing. He said in a social media post this week that he was being prosecuted for what he described in capital letters as a “perfect phone call” in which he asked the Republican Secretary of State, Brad Raffensperger, to help him “find 11,780 votes” for him to overturn his loss in the State to Democrat Joe Biden.

Mr. Trump is expected to turn himself in at the Fulton County jail, which has long been a troubled facility. The Justice Department last month opened a civil rights investigation into conditions, citing filthy cells, violence and the death last year of a man whose body was found covered in insects in the main jail’s psychiatric wing. Three people have died in Fulton County custody in the past month.

Unlike in other jurisdictions, in Fulton County, arraignments — in which a defendant appears in court for the first time — generally happen after a defendant surrenders at the jail and completes the booking process, not on the same day. That means Mr. Trump could have to make two trips to Georgia in the coming weeks though the Fulton County Sheriff’s Office has said some arraignments in the case may happen virtually if the judge allows, or he could waive Mr. Trump’s arraignment.

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Trump charged in U.S. special counsel probe in efforts to overturn 2020 election

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Former U.S president Donald Trump on Tuesday, August 1, 2023 was hit with criminal charges for a third time in four months – this time arising from efforts to overturn his 2020 U.S. election defeat – as he campaigns to regain the presidency next year.

The four-count indictment alleges Mr. Trump conspired to defraud the U.S. by preventing Congress from certifying President Joe Biden’s victory and to deprive voters of their right to a fair election.

Mr. Trump was ordered to make an initial appearance in federal court on Thursday, August 3.

The charges stem from Special Counsel Jack Smith’s investigation into allegations Mr. Trump – the front-runner for the 2024 Republican presidential nomination – sought to reverse his loss to Biden, his Democratic rival.

The indictment alleges Mr. Trump conspired with six other unnamed individuals to overturn the results. Prosecutors wrote that Mr. Trump knew his claims that the election was fraudulent were false, but repeated them anyway to “create an intense national atmosphere of mistrust and anger and erode public faith in the administration of the election.”

In a statement, the Trump campaign said he has always followed the law and characterised the indictment as a political “persecution” reminiscent of Nazi Germany.

Officials have testified that Mr. Trump pressured them based on false claims of widespread voting fraud. His supporters attacked the U.S. Capitol on Jan. 6, 2021, in a bid to stop Congress from certifying Biden’s victory.

The indictment accused Mr. Trump and co-conspirators of organising fraudulent slates of electors in seven states, all of which he lost, to submit their votes to be counted and certified as official by Congress on Jan. 6.

The co-conspirators were not named, but one of them appeared to describe former Justice Department official Jeffrey Clark, the former head of the civil division who tried to get himself installed as attorney general so he could launch voter fraud investigations in Georgia and other swing states. Clark did not immediately respond to a request for comment.

Another alleged co-conspirator appeared to describe attorney John Eastman, who erroneously suggested that Vice President Mike Pence could object to certifying the electoral results. Both Eastman and Clark had their phones seized and searched in the investigation last year.

Mr. Trump already had become the first former U.S. president to face criminal charges. He has sought to portray the prosecutions as part of a politically motivated witch hunt.

These represent a second round of federal charges by Smith, who was appointed a special counsel in November by U.S. Attorney General Merrick Garland.

Mr. Trump pleaded not guilty after a federal grand jury in Miami convened by the special counsel charged him in June in a 37-count indictment over his unlawfully retention of classified government documents after leaving office in 2021 and obstructing justice. Prosecutors accused him of risking some of the most sensitive U.S. national security secrets.

Last Thursday, prosecutors added three more criminal counts against Mr. Trump, bringing the total to 40, accusing him of ordering employees to delete security videos as he was under investigation for retaining the documents.

The first charges brought against Mr. Trump emerged in March when a grand jury convened by Manhattan’s district attorney indicted him. Trump in April pleaded not guilty to 34 felony counts accusing him of falsifying business records concerning a payment to porn star Stormy Daniels to buy her silence before the 2016 election about a sexual encounter she said she had with him. Trump has denied the encounter.

Mr. Trump, 77, leads a crowded field of Republican presidential candidates as he seeks a rematch with Biden, 80, next year. Biden in April launched his re-election campaign.

Mr. Trump, who served as president from 2017 to 2021, has shown an ability to survive legal troubles, political controversies and personal behavior that might sink other politicians. Many Republicans – elected officials and voters – have rallied behind Trump, portraying the charges against him as selective prosecution and a Democratic plot to destroy him politically.

Strategists said that while the indictments could help Mr. Trump solidify support within his base and win the Republican nomination, his ability to capitalize on them may be more limited in next year’s general election, when he will have to win over more skeptical moderate Republicans and independents.

Meanwhile, his legal woes are mounting. In addition to the three indictments, Mr. Trump faces a fourth criminal investigation by a county prosecutor in Georgia into accusations he sought to undo his 2020 election loss in that state.

Documents case

In the documents case, prosecutors accused him of mishandling sensitive classified documents about everything from the U.S. nuclear program to potential domestic vulnerabilities in the event of an attack.

When the Justice Department tried to get Mr. Trump to return the documents, the indictment alleges, he asked his attorneys if they could lie to the government about the existence of the records. He was accused of conspiring with his aide Walt Nauta, who is also charged, to move boxes containing documents around inside his home at the Mar-a-Lago resort in Florida to prevent them from being found. Nauta also has pleaded not guilty.

A second employee, a maintenance worker at Mar-a-Lago, Carlos De Oliveira, was charged on Thursday with conspiracy to obstruct justice, accused of helping Mr. Trump to hide documents.

A jury in federal court in Manhattan decided in May in a civil lawsuit that Mr. Trump must pay $5 million in damages for sexually abusing former Elle magazine columnist E. Jean Carroll in the 1990s and then defaming her by branding her a liar.

His real estate company was convicted in 2022 in Manhattan of tax fraud charges, though he personally was not charged in that case.

Special counsels are sometimes appointed to investigate politically sensitive cases and they do their jobs with a degree of independence from the Justice Department leadership.

Before being appointed by Garland to take over the two Trump-related investigations, Smith had served as the chief prosecutor for the special court in The Hague, tasked with prosecuting war crimes in Kosovo, oversaw the Justice Department’s public integrity section and worked as a federal and state prosecutor in New York.

Capitol attack

In the Jan. 6, 2021, rampage at the Capitol, Mr. Trump’s supporters used a variety of weapons including chemical sprays and riot shields to attack police and infiltrate the building, forcing lawmakers to flee for their lives. Five people died during and shortly after the chaos, while about 140 police officers were injured. Before the attack Trump told supporters in an incendiary speech near the White House to march to the Capitol and “fight like hell” to “stop the steal” of the election.

More than 1,000 people have been charged with crimes arising from the riot, including some who have been convicted of seditious conspiracy.

Mr. Trump and his allies lost a series of election-related lawsuits challenging the election results based on false claims of fraud. As his presidency wound down, Mr. Trump continued to push this false narrative, ignoring warnings from some of his White House advisers, former Attorney General William Barr and other officials that there was no evidence of widespread fraud.

A 2022 investigative report by a Democratic-led U.S. House of Representatives committee found that Mr. Trump “corruptly pressured” former Vice President Mike Pence to refuse to count the state-by-state electoral votes that determine an election’s outcome during a joint session of Congress.

As part of that alleged scheme, the committee said Mr. Trump and several of his advisers oversaw a plot to have electors in pivotal states where Mr. Trump lost – such as Arizona, Georgia, Michigan, New Mexico and Pennsylvania – to submit fraudulent documentation to Congress and the U.S. National Archives and Records Administration that he had actually won those states.

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