Former US President Donald Trump speaks to members of the media at Manhattan criminal court in New York, US, on Monday, April 15, 2024. Jury selection beings Monday in Trumps criminal trial where he faces 34 felony counts of falsifying business records as part of an alleged scheme to silence claims of extramarital sexual encounters during his 2016 presidential campaign. (Angela Weiss/AFP/Bloomberg via Getty Images)
The DA's office argued that Trump violated the order more than a dozen times, with the judge ruling last week that Trump violated the order nine times, resulting in a combined $9,000 fine. Merchan fined the former president another $1,000 for an additional violation on Monday, while arguing it's "clear" that $1,000 fines for each violation are not effective.
"The last thing I want to consider is jail," Merchan said. "You are [the] former president and possibly the next president."
In the judge’s initial gag order ruling last Tuesday, he threatened Trump with jail time if he further violated the order, while also lamenting not being able to fine Trump more than $1,000 for each violation.
Merchan wrote in the Tuesday order that if Trump carries out "continued willful violations" of the gag order, he could face "incarceratory punishment" if "necessary and appropriate."
In the text of his order, Merchan lamented that the fines' costs "unfortunately will not achieve the desired result in those instances where the contemnor can easily afford such a fine."
Former Trump Organization controller Jeffrey McConney is questioned by prosecutor Matthew Colangelo before Justice Juan Merchan during former U.S. President Donald Trump's criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S. May 6, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg)
Trump, who is standing trial over 34 felony counts of falsifying business records, has railed against the gag order as "unconstitutional" and accused Merchan of "election interference," while slamming the case overall as a "scam" promoted by the Biden administration.
Trump said in his remarks Monday that the trial will last an additional two to three weeks, which he said delighted Merchan as he will be kept away from the presidential campaign trail.
Former Trump Organization controller Jeffrey McConney testifies during former U.S. President Donald Trump's criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S. May 6, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg)
HUSH MONEY TRIAL JUDGE DOUBLES DOWN ON NOT SHOWING TRUMP 'ACCESS HOLLYWOOD' TAPE TO JURORS
Monday marked the beginning of the fourth week of the trial where Trump's facing 34 counts of falsifying business records. He has pleaded not guilty to the charges.
The case focuses on Trump’s former attorney, Michael Cohen, paying former pornographic actor Stormy Daniels $130,000 to allegedly quiet her claims of an alleged extramarital affair she had with the then-real estate tycoon in 2006. Trump has denied having an affair with Daniels.
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Prosecutors allege that the Trump Organization reimbursed Cohen and fraudulently logged the payments as legal expenses. Prosecutors are working to prove that Trump falsified records with the intent to commit or conceal a second crime, which is a felony.
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