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Judge warns Trump of possible jail time after he’s fined $1,000 for gag order violation again in ‘hush money’ case

A Manhattan judge Monday fined Donald Trump $1,000 and threatened to throw him behind bars for violating a gag order for a 10th time at his hush money trial.

“Mr. Trump, you have to understand that I truly don’t want to throw you in jail,” Manhattan Supreme Court Justice Juan Merchan warned the ex-president ahead of the jury being brought into the room for the third week of testimony.

“As much as I do not want to impose a jail sanction, I want you to understand that I will, if it’s necessary and appropriate,” Merchan added.

Donald Trump sits in Manhattan criminal court, Monday, May 6, 2024 in New York.
Donald Trump sits in Manhattan criminal court, Monday, May 6 in New York. AP

The jurist said he understands the “magnitude” and “broader implication” of tossing the former and potential future president behind bars.

“You are the former president of the United States and possibly the next president as well,” the judge said. “There are many reasons why incarceration is truly a last resort for me. To take that step would be disruptive to these proceedings.”

Merchan ruled before trial that the ex-president can’t speak about jurors, witnesses and family of court staff and prosecutors – including relatives of Merchan and Manhattan District Attorney Alvin Bragg.

Trump, 77, Monday was dinged for violating the order for the 10th time in an April 22 interview on Real America’s Voice saying “That jury was picked so fast – 95% Democrat.”

The presumptive Republican presidential nominee can be fined up to $1,000 every time he violates the gag and he was hit last week with a $9,000 penalty after the judge found he’d broken the rule nine prior times by posting about expected witnesses in the trial and the jury on social media. 

“It appears that the $1,000 fines are not serving as a deterrent,”  Merchan said Monday. “Therefore, going forward, this court will have to consider a jail sanction.”

At the end of trial Monday, Trump implied he was willing to go to jail in order to continue speaking publicly about the trial.

“Our constitution is much more important than jail,” Trump told reporters from the courthouse hallway. “It’s not even close. I’ll give that sacrifice any day.”

Justice Juan Merchan warning former U.S. President Donald Trump in court during his criminal trial in a courtroom sketch by Jane Rosenberg.
Justice Juan Merchan warns former President Trump in court on Monday. REUTERS

Trump faces 34 counts of falsifying business records over an alleged bid to cover-up a $130,000 payment he directed his then-lawyer and “fixer” Michael Cohen to pay to former porn star Stormy Daniels in the run up to the 2016 election.

The payment was made to keep her from speaking out about claims she had a one-night stand with a married Trump in 2006. 

The ex-commander-in-chief has adamantly denied wrongdoing and has repeatedly blasted the case as being politically motivated and preventing him from effectively campaigning in a bid to keep him from getting elected a second time.

During trial Monday, the jury had its first chance to actually see the “falsified business records” that are at the core of Bragg’s case.

Former Trump Organization controller Jeffrey McConney testified about 11 phony invoices from Cohen that were disguised as legal expenses in a company ledger.

McConney — who testified at two prior trials tied to Trump — told jurors about the plan he and ex-Trump Org Chief Financial Officer Allen Weisselberg worked out to repay Cohen for advancing the money to Daniels.

In total, the company paid Cohen $360,000 in $35,000 monthly increments in 2017 — for the cost of what he was owed, additional cash to offset taxes and another $60,000 bonus, McConney said from the stand.

Prosecutors allege Trump tried to “corrupt the 2016 election” with the Daniels’ hush money payment — which benefited his presidential bid but exceeded the $2,700 donation cap someone can make to a campaign.When McConney finished testifying Trump fist-bumped his longtime former employee and smiled at him on his way out of the courtroom.

After, Trump Org accounts payable supervisor Deb Tarasoff testified about the 11 checks the company paid to Cohen, which were personally signed by Trump.

She told jurors that the company would mail the checks made out to Cohen to the White House and Trump would sign them with a Sharpie and mail them back.She identified for jurors Trump’s distinctive signature on all 11 checks.

Trial is set to resume Tuesday morning and prosecutor Joshua Steinglass guessed that his office would be done putting on their case by May 21.