The government accused Trump last week of 10 violations of Merchan’s gag order, which bars the former president from attacking witnesses, prosecutors or family members of the judge and the Manhattan district attorney. Trump’s lawyers argue he should be allowed to push back against political criticism even if it comes from witnesses in the case, like his former lawyer Michael Cohen.
Merchan seems dubious but has scheduled a hearing on prosecutors’ request to hold Trump in contempt of court and fine him $1,000 per violation.
That’s chump change for Trump, but he may have to pay another price as well. Typically during a trial, prosecutors tell defense lawyers who the next few witnesses will be, so everyone can prepare. But prosecutors have said they will only tell the defense team who the first witness is, and if Trump posts on social media about that person, it will be the last such notice they get.
If Trump’s lawyers don’t know which witnesses are coming next, that will put them at a significant disadvantage when it matters most.
On Saturday, Trump posted a link to an article about Merchan’s adult daughter — another possible breach of the gag.
Check out The Washington Post’s new podcast on video or audio, recapping and analyzing the latest in Trump’s New York trial.