Trump is currently engaging in risky behavior with his social media posts.
As his legal team battles it out with Manhattan prosecutors over the scope of a gag order issued this week in his hush-money case, the former president continues to unleash his virtual attacks on the judge overseeing the proceedings, not hesitating to take jabs at the judge’s daughter.
According to two legal experts, if Trump continues to make such remarks, he could be held in contempt of court. This could lead to additional charges, fines, or even jail time for him.
A gag order under review
Judge Juan Merchan issued an order on Tuesday, prohibiting Trump from publicly commenting about witnesses, court staff, and jurors. The order comes as a result of Trump’s previous remarks that were deemed as “threatening, inflammatory, and denigrating” during the civil and criminal cases against him.
Less than 24 hours after the order was issued, Trump wasted no time before taking to Truth Social to target Judge Merchan and his daughter, Loren Merchan, who happens to be the president of the progressive political consulting firm Authentic Campaigns.
According to President Trump’s tweet on Wednesday, he accused Judge Merchan of suffering from an acute case of “Trump Derangement Syndrome.” Furthermore, he mentioned that the judge’s daughter, Loren, had recently shared a picture of him behind bars on a social media account believed to be connected to her. Trump implied that her intention was to undermine him.
The New York Times was informed by a court spokesperson that the account, previously owned by Loren Merchan, had been deleted over a year ago and subsequently revived by an unknown individual. The reactivation of the account under a different email address, not associated with Loren Merchan, was characterized as a “manipulation of an account she had abandoned long ago.”
The prosecutors and Trump’s legal team engaged in a series of letters with Judge Merchan, discussing the scope of the gag order. They debated whether the order should protect not only the individuals listed in it but also the family members of the Court.
On Saturday, Trump continued to criticize the Merchan family by sharing a link to an article from the New York Post. The article included photos of the judge and his daughter and discussed how clients of Loren Merchan’s company, Authentic Campaigns, used Trump’s legal battles as a means to raise funds.
Although it is not against the law, there are critics who contend that Judge Loren Merchan’s involvement in advancing progressive politics gives rise to the perception of a conflict of interest. According to The Times, Trump’s legal team filed a motion last year, urging Judge Merchan to recuse himself based on his daughter’s professional activities. However, the judge declined, referring to a judicial ethics committee’s determination that his impartiality could not be reasonably doubted.
“This is an absolute disgrace to our Legal System,” said Trump in the post. He further added, “Judge Merchan should face immediate sanctions and be recused from this case. This fake ‘case,’ which is being prolonged solely by the Highly Conflicted Judge, should be promptly dismissed – as there is no case, no crime.”
While criticizing Judge Merchan’s daughter for collaborating with politicians who have capitalized on Trump’s legal troubles to raise funds, the ex-president himself leverages his own legal battles as a justification for his supporters to contribute financially.
Fundraising groups, including those affiliated with the Republican National Committee, have been actively encouraging donors to directly contribute funds to support Trump’s legal battles. These groups have already expended significant amounts, totaling tens of millions of dollars, to cover the costs of his legal fees.
On Monday, Judge Merchan will address the ongoing dispute regarding whether Trump’s repeated statements concerning Merchan or his daughter constitute a violation of the gag order. Furthermore, he will inform Trump’s legal team of potential sanctions if his inflammatory online remarks are found to be in violation of the order.
Todd Blanche, the lawyer representing Trump in the case, has not yet responded to Business Insider’s request for comment.
A ‘win-win’ for Trump either way
According to Neama Rahmani, a trial lawyer and former federal prosecutor, it is unlikely that Judge Merchan will extend the gag order to include his daughter. However, given that the judge has already allowed President Trump to criticize himself and District Attorney Alvin Bragg, seemingly because they are public figures, there could be potential consequences for the former president if Judge Merchan decides to enforce the gag order.
According to Rahmani, the issue with the gag orders in Trump’s past civil trials was that they lacked enforcement. The judges did not take action beyond imposing insignificant fines. In fact, Trump had to pay a $10,000 fine in October for violating the gag order in his New York civil fraud trial.
According to Rahmani, it is still too soon to determine whether Merchan will truly enforce his order and hold Trump in contempt if he were to violate it. However, Rahmani believes that the order itself holds little value and is essentially meaningless.
According to litigation attorney and legal analyst Andrew Lieb, a more stringent gag order is likely to be issued. If Trump were to violate this clarified order, Lieb predicts that he could potentially face criminal contempt charges.
“I believe the next course of action should involve issuing a definitive and explicit court order,” Lieb shared with Business Insider. This would entail specifying the individuals who are bound by the restrictions imposed by the gag order. “Subsequently, a fine may be imposed, followed by a more substantial penalty or even a short period of imprisonment to drive the message home. Frankly, I wouldn’t be surprised if the judge decided to incarcerate him during lunchtime just to make a strong statement.”
According to Lieb, the situation is expected to intensify. He believes that although Trump may not face immediate consequences before the election, there is a possibility of him being imprisoned for contempt in the future. Lieb suggests that Trump’s continuous disregard for the boundaries will eventually lead to serious repercussions. As the saying goes, if you play with fire, you’re bound to get burned.