Donald Trump “clearly” violated his gag order on Wednesday in a post on his Truth Social platform, CNN legal analyst Jeffrey Toobin said.
“It’s clearly an attempt to intimidate jurors and it is clearly barred by the gag order in this case,” Toobin says.
Toobin’s comment was in response to a post Trump made on his Truth Social app earlier Wednesday quoting Fox News host Jesse Watters who said: “They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury.”
Trump’s criminal hush money trial for 34 counts of falsifying business records is currently under way in New York with jury selection. Trump has pleaded not guilty.
Judge Juan Merchan, who is presiding over the trial has imposed a gag order barring Trump from attacking witnesses, court staff, jurors, and members of their families, including Merchan’s daughter who was repeatedly attacked by Trump on Truth Social.
“Donald Trump doesn’t seem to realize he is now a criminal defendant, and criminal defendants have different and lesser rights than ordinary citizens,” Toobin said. “They are not allowed to interfere in the trial process – especially when there is a gag order that specifically addresses attempts to intimidate jurors. I mean, it is just not permissible.”
Toobin said Judge Merchan is likely to “be very concerned about” Trump’s post, adding that if he “continues to violate the court’s order, it is well within Judge Merchan’s ability and his power to order him locked up for contempt.”
Toobin said that move is likely a last resort though and that Judge Merchan first sanction will likely be a monetary fine.
