Analysis: This was a "disaster for the defense," CNN legal analyst says of gag order hearing
From CNN's Antoinette Radford
CNN’s Chief Legal Correspondent Paula Reid has described the outcome of today’s gag order hearing as a “disaster for the defense.”
During the hearing, Judge Juan Merchan questioned whether Donald Trump recognized that he had breached the gag order, even asking him to take the stand and swear under oath that he did not know he had done so.
Merchan went as far as to tell Trump’s lawyer, Todd Blanche, that he was “losing all credibility with the court.”
Reid said that was a “disaster” for how Trump’s team had hoped to tackle the hearing.
“This just went completely off the rails because while they wanted to do the macro big-picture, the judge wanted to go post-by post through each of these alleged violations of the gag order that in many instances, are indefensible.”
“I knew this wasn’t going to go well legally for the team… but this was much worse than I could’ve expected.”
Defense says Trump is "very careful" with gag order arguing he is allowed to respond to political attacks
From CNN's Kaanita Iyer
Donald Trump's attorney Todd Blanche faced a tough task Tuesday morning as he sought to avoid a maximum fine for his client for violating a gag order.
Under the order, Trump is barred from publicly discussing witnesses or jurors in the case and prosecutors have pointed to eight social media posts and two campaign website posts to argue that “going after Michael Cohen is a recurring theme in these posts.” The prosecution is seeking $1,000 per violation — the maximum fine.
But Blanche argued that specific attacks from Cohen, Trump's former personal attorney, and adult film star Stormy Daniels prompted the former president to respond, but he has yet to point to specific attacks by them despite several requests to do so from Judge Juan Merchan.
"I keep asking you over and over again for a specific answer, and I’m not getting an answer," Merchan said to Blanche.
But Blanche later told Merchan: "President Trump is being very careful to comply with your order.”
The former president was not visibly reacting to any of the proceedings at the time, according to journalists in the courtroom, but did talk to his attorneys at least twice.
Analysis: Why David Pecker is an important witness in the prosecutor's quest to prove criminal intent
From CNN's Elise Hammond
David Pecker will be back on the stand on Tuesday to continue testimony in the hush money trial against former President Donald Trump. Not only is he the first witness to answer questions from the prosecution, but he is also a critical piece of how the state is trying to prove criminal intent, one former federal prosecutor said.
Criminal intent means that “not just an act happened, but an act happened for a purpose,” said Elliot Williams, a CNN legal analyst. “The defendant did something wrong to carry out some criminal purpose.”
As the then-chairman of American Media Inc., which publishes the National Enquirer,Peckerwas involved in numerous “catch-and-kill” schemes he orchestrated on behalf of Trump, and he allegedly helped broker the deal with adult film star Stormy Daniels which is at the center ofthe case.
“It’s not just the catch-and-kill payments, but catch-and-kill payments for the purpose of concealing information from voters in the context of an election,” Williams explained, referring to the 2016 presidential election.
Williams said it’s likely that prosecutors will focus much of their questioning trying to uncover what was discussed in meetings between Pecker and Trump. The question at the heart of the argument, Williams said, is if the payments were intended to conceal information from voters, “or was it just Donald Trump saying, ‘Well, you know, this is embarrassing to my wife and my kids, I really want to keep this hidden.’”
Prosecution argues Trump deliberately violates gag order in hearing, seeks max fine
From CNN's Kaanita Iyer
Before witnesses can continue to offer testimony in the historic criminal hush money trial of Donald Trump, Judge Juan Merchan held a hearing on whether the former president violated the gag order in the hush money case.
Under the order, Trump is barred from publicly discussing witnesses or jurors in the case.
The prosecution has pointed to eight social media posts and two campaign website posts where Trump was primarily sharing commentary about expected trial witness Michael Cohen, and prosecutor Chris Conroyis seeking a $1,000 fine for each post —the max fine.
Conroy made the case that Trump “knows about the order” and “knows what he’s not allowed to do” but violates it anyway. The prosecutor has also called the defense’s argument that the former president can respond to attacks by Cohen as an attempt to “muddy the waters,” and said those 10 posts “pose a very real threat” to the proceedings.
Prosecutors also want the judge to remind Trump that “future violations of this Court’s restrictions on his extrajudicial statements can be punished not only with additional fines but also with a term of incarceration of up to thirty days.”
Trump was not visibly reacting to the accusations, according to CNN’s reporters in the courtroom.
Judge says court will go from 11 a.m. to 2 p.m. straight after short break
As court was breaking, Judge Juan Merchan said he plans to go from 11 a.m. ET to 2 p.m. ET straight with the jury.
Judge says he is reserving decision on the gag order violations
After hearing from prosecutors and Donald Trump's attorneys, Judge Juan Merchan said he he is reserving a decision on the gag order violations.
The court is now in a short break.
Trump team should've given notice that former president was "thinking of reposting something," judge says
Judge Juan Merchan says that when attorney Todd Blanche claims Trump got "too close to the line" with reposts, they should have told him that "my client is thinking of reposting something."
After Blanche sat back down, he passed a note to Trump, who is reading it.
Trump whispers to lawyer after heated exchange with judge
Prosecutor Chris Conroy is now back at the microphone following defense attorney Todd Blanche's tense exchange with Judge Juan Merchan. Merchan grew exasperated as he repeatedly asked Blanche questions.
Donald Trump is now whispering to Blanche, who is seated beside him.
Merchan says Blanche has given him nothing to "hang his hat on" with reposts
In respect to reposts, Judge Juan Merchan said, "You're not giving me anything to hang my hat on to say, 'you're right, this was ambiguous.'"
"The court should make crystal clear what it means with the reposts,” Trump attorney Todd Blanche said, adding they didn't read the gag order the same way.
