Prosecutors last week argued that Mr Trump had violated his gag order on another four occasions with “corrosive” and “insidious” attacks of witnesses and jurors.
Mr Merchan found in the Republican frontrunner’s favour for his jibes against his former “fixer” Michael Cohen, claiming Mr Trump had been responding to political attacks.
He also ruled that Mr Trump’s comments that former tabloid boss David Pecker had been “very nice” – which the prosecution had argued was meant as a thinly veiled threat to witnesses to behave – did “not constitute a violation at all”.
But Mr Merchan found Mr Trump’s comments to Real America’s Voice about the jury called into question the “legitimacy” of the trial and “again raised the spectre of fear for the safety of the jurors and of their loved ones”.
Porn star payment allegation
Issuing his ruling on nine previous violations last week, Mr Merchan had lamented the limited tools at his disposal to deter the defendant.
Criminal contempt is only punishable by a fine of up to $1,000 or by 30 days in prison for each violation.
Mr Merchan said it would be “preferable” to impose a fine “more commensurate with the wealth of the contemnor”, such as a fine of up to $150,000 per violation.
Mr Trump is accused of 34 counts of falsifying business records to cover up reimbursing Mr Cohen for an alleged $130,000 hush money payment to porn star Stormy Daniels.
The former president has pleaded not guilty to all charges. He denies having a sexual relationship with Ms Daniels. The trial continues.
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