It's Not Going Well in the Courtroom

Justice Merchan yells, DJT media stock plunges

Photo Credit: Getty Pool

To say today was a blow for Donald and his attorney, Todd Blanche, is an understatement.

Donald’s bad run continued as he attended this morning’s gag order hearing and the continuing testimony of David Pecker in his election interference trial.

The wheels of justice continue to grind.

I tracked the trial throughout the day and noted EIGHT significant developments in order to provide you with updates, but also to provide insights into Donald’s behavior inside and statements outside the courtroom.

1. Prosecutors argued that Donald’s statements outside the courtroom yesterday also violated his gag order

(You can find the video in yesterday’s piece.)

As Donald’s contempt hearing began, prosecutors warned Judge Merchan that Donald’s "extrajudicial statements" posed a "very real threat" to the proceedings’ integrity. They highlighted ten examples of possible contempt and then referred to statements Donald made to reporters outside the courtroom, in which he called potential witness Michael Cohen a liar immediately after opening statements bringing the total to eleven.

It’s good to see the prosecution continue to parse Donald’s statements and sift through his Truth Social posts, but unless Merchan makes the consequences sufficiently severe, Donald will have no reason to stop flouting Merchan’s authority — and his gag order. 

2. Prosecutors asked Merchan to warn Donald he could be thrown in jail

The prosecution is calling for a fine of $1,000 per violation, and requested that Judge Merchan  warns Donald that jail could be next. The prosecution also wants Donald to be ordered to remove his offending social media posts.

I can tell that this entire hearing likely left Donald seething with an impotent rage. 

First, he’ll find any demand to remove his posts infuriating, an indication that his loss of control extends beyond the courtroom.

Second, the mere suggestion that he could face jail time for non-compliance is beyond Donald’s comprehension. Being incarcerated for even a day would likely be beyond Donald’s ability to manage.

3. Why isn’t the prosecution seeking jail right now?

After explaining to Judge Merchan that prosecutors were not asking for jail after these first instances, they gave the following explanation: 

The “defendant seems to be angling for that,” they noted.

[A quick aside: If it wasn’t a two tiered justice system, anybody else who was found to have violated a gag order eleven times — and twice to have gone after the jury — would be in jail. The fact Donald isn’t is bullshit. I’ll have more to say about this tomorrow.]

But there is a silver lining: It wouldn’t be surprising if Donald saw a potential jail sentence as an opportunity rather than a punishment. In his eyes, it could be another chance to play the victim, to rally his supporters around a perceived injustice, and to raise funds for his cause. Prosecutors are depriving him of that narrative.

But the truth is that, although Donald may pretend that he’s trying to force the judge to call his bluff by throwing him in jail as a way to complete his martyrdom for the benefit of his base, this is utter nonsense.  Donald has always prided himself on his ability to beat the system — or rig it in his favor — but being confined against his will would be a direct challenge to his sense of omnipotence and a serious blow to his extremely fragile ego. 

4. Judge humiliates lawyer while Donald watches on helplessly

Once the prosecution completed its arguments, it was defense attorney Todd Blanche’s turn. Judge Merchan’s questions became pointed rather quickly. According to MSNBC legal analyst Katie Phang, Donald frowned while Blanche struggled to explain why his client should be allowed to post and repost statements about witnesses with impunity. 

After Blanche tried to characterize a Truth Social post as a simple “repost,” Mechan cut right through the lie: “This isn't a repost at all. Your client had to type it out. Use the shift-key and all.”

At one point, Merchan asked Blanche what case law he was using to support his position that Donald can use the “repost” function to bypass the gag order. Blanche’s response?

“I don't have any cases. It's just common sense.”

In case it’s not obvious, a lawyer is expected to be prepared when asked for legal examples and citations – but apparently Donald’s attorneys are unaware. 

Merchan was not impressed and, pushed to his limit, he lost his temper.

5. Justice Merchan yells at Donald’s attorney

There are few things a defendant would prefer to avoid at their criminal trial: slam dunk evidence presented by the prosecutor, and the judge yelling at their attorney. Today Donald experienced both.

By all accounts, Merchan is a calm and even-keeled jurist so his response to Blanche’s ineptitude and disrespect was shocking, if well-deserved:

Merchan shouted: "I'm asking the questions. I'm going to be the one who decides whether your client is in contempt… I keep asking you over and over again for a specific answer, and I’m not getting an answer.”

I knew this wasn’t going to go well for Donald’s team today. But this is much, much worse than I could’ve hoped for.

6. Merchan delivers a right hook to Donald’s defense

When Blanche insisted Donald was “being very careful to comply with” the court's gag order, Merchan “couldn't take it anymore” and lost his patience again:

“‘I hate to keep coming back to this, but you're not offering me anything to support your argument,” Merchan said, adding soon after, “You're losing all credibility with the court.”

Most of us thought Todd Blanche lost his credibility when he left his white shoe law firm to represent the worst client in history, but Merchan was at least willing to give him the benefit of the doubt. That lasted for less than a week.

We don’t know when Judge Merchan will announce his decision regarding the gag order, but in the meantime, today’s contempt hearing was another humiliation for Donald. Judge Merchan’s relentless, but fair questioning left Blanche in a state of disarray, his lack of preparation exposed and his arguments revealed to be weak – just like Donald’s defense. 

7. David Pecker provides slam dunk testimony, making the case for election interference

I cannot underscore how significant former National Enquirer publisher, David Pecker’s, testimony was for the prosecution’s case — and it’s not even finished yet. 

While Pecker highlighted what we already knew — that the National Enquirer engaged in a catch-and-kill scheme to benefit Donald by purchasing negative stories only to quash them, even those about Donald’s extramarital affairs and alleged love child (despite that fact that running such stories would have made the magazine a fortune) — It was the new revelations that mattered most today:

First, Pecker detailed how his ties to Donald were solidified in August 2015, when he met with Michael Cohen and Hope Hicks. During this meeting, Pecker was asked what he and his publications (including the National Enquirer) could do for Donald’s campaign.

Note, he said campaign, further establishing that Donald’s aim was not to hide his affairs from his wife, but instead, from American voters – the very crux of the case. 

When asked why he purchased the story about the rumored child, Pecker said clearly, “I made the decision to purchase the story because of the potential embarrassment it had to the campaign and to Mr. Trump.”

Case closed.

8. DJT stock plunges 8%

In a perhaps related development, as Donald sat through another humiliating day in the courtroom, his media stock plunged over 8%. The stock is now worth half of what it was at its debut just one month ago and he’s lost over a billion dollars as a result.

All this is an important reminder: exposing Donald isn’t only about what might happen at the end of this (or any other) trial, it's about his facing consequences right now.