Donald Trump fined for breaching gag orders, warned jail time a possibility

Mr Trump has several times commented on major witnesses including porn star Stormy Daniels, who is at the centre of the case, and the former US President’s fixer Michael Cohen.

That was despite Judge Juan Merchan issuing the gag order that demanded he not make public comment on many of the people involved in the trial, including witnesses, out of concern he could derail the case.

On Tuesday (US time), Judge Merchan said Mr Trump has violated that order on nine occasions – seven times on his own social media account and two posts on his campaign website.

He was fined $1539 ($US1000) per violation for a total penalty of $13,856 ($US9000).

That may be small change for a rich man, but Judge Merchan warned Mr Trump it was just the lowest rung of penalty available. Jail time could beckon.

“Defendant is hereby warned that the Court will not tolerate continued wilful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment,” he wrote in a Judgement issued before court sat for the day on Tuesday.

The court heard arguments about Mr Trump’s gag order violations last week.

“His attacks on witnesses clearly violate the order,” prosecution lawyer Chris Conroy told Judge Merchan last Tuesday.“He knows about the (gag) order, he knows what he’s not allowed to do, and he does it anyway,” Mr Conroy said.

“His disobedience of the order is wilful, it’s intentional”.

Mr Conroy said a prison penalty was not yet being sought “but the court should, remind (Mr Trump) that incarceration is an option should it be necessary”.

At the hearing last week, Mr Trump’s lawyer Todd Blanche argued that his client’s social media posts were in response to ”attacks” and therefore were allowed under the gag order.

“There is no dispute that President Trump is facing a barrage of political attacks from all sides including from the two witnesses (Ms Daniels and Mr Cohen) who are referenced in the early posts,” said Mr Blanche.

Judge Merchan asked Mr Trump’s lawyer to indicate which specific “political attacks” he was referring too. But Mr Blanche seemed unable to find a comment or post from either that might warrant a response.

“I keep asking you over and over again for a specific answer, and I’m not getting an answer,” Judge Merchan said to Mr Blanche.

“You’ve presented nothing. I’ve asked you eight or nine times to show me the exact post he was responding to. You’ve been unable to do that even once,” the judge said at times seemingly becoming exasperated.

Mr Blanche then tried to argue that of the 10 social media posts under scrutiny, seven were not violations of the gag order as they were re-posts rather than original posts.

“Re-posting an article from a news site … we don’t believe are a violation of the gag order. It’s just common sense”.

Judge Merchan was unimpressed by the lawyer’s justifications for Mr Trump’s posts or another comment by him that Mr Trump was “trying to comply” with the gag order.

“Mr Blanche you’re losing all credibility, I have to tell you right now … You’re losing all credibility with the court.”

Mr Trump has railed against the gag order claiming it interferes with his freedom of speech.

He has also taken aim at Judge Merchan and repeatedly criticised him and said he should recuse himself from the case.

However, that has not broken the gag order because Judge Merchan specifically excluded comment about himself from the order.