NEW YORK (NewsNation) — Judge Juan M. Merchan ruled Tuesday that former President Donald Trump violated a gag order that bars him from making public statements about witnesses, jurors, and others connected to his criminal hush money trial nine times. Trump was fined $9,000 for the violations.
As the trial resumed Tuesday, prosecutors are working on filling in details of how they believe Trump and his allies pulled off an illegal scheme to influence the 2016 campaign by burying negative stories.
During the first week of testimony, jurors heard from three witnesses, with Gary Farro on the stand when court wrapped Friday. Farro, a banker who helped Trump’s former attorney Michael Cohen open accounts, including one that Cohen allegedly used to buy the silence of adult film actress Stormy Daniels, will resume testimony Tuesday.
For his part, Trump has been campaigning in his off-hours but is required to be in court when it is in session, four days a week. Trump has denied any wrongdoing and pleaded not guilty.
Gary Farro testimony
Farro first took the stand Friday. While a senior managing director at First Republic Bank, he was assigned to work with Cohen for about three years. He detailed helping Cohen create accounts for two limited liability companies.
Prosecutors showed jurors emails in which Cohen describes the opening of the Resolution Consultants account as an “important matter.”
Cohen acknowledged when he pleaded guilty to federal charges in 2018 that it had been formed to send money to American Media, Inc., the National Enquirer publisher. It was meant as a payback for their purchase of former Playboy model Karen McDougal’s story, but the deal never went through.
Farro said that since the account was never funded, it was never technically opened. Instead, Cohen pivoted to starting up the Essential Consultants account, which prosecutors allege he later used to pay Daniels a $130,000 hush money payment.
Trump’s lawyers have not yet had a chance to cross-examine Farro.
Who have jurors heard from?
Jurors so far have heard from two other witnesses. Rhona Graff, Trump’s former longtime executive assistant, recalled seeing Daniels at Trump’s office suite in Trump Tower and figured the performer was a potential contestant for one of Trump’s “Apprentice”-brand shows.
David Pecker, the former publisher of the National Enquirer, laid out how he agreed to serve as the Trump campaign’s “eyes and ears” by helping to squelch unflattering rumors and claims about Trump and women.
Prosecutors used Pecker, Trump’s longtime friend, to detail a “catch-and-kill” arrangement in which he collected seamy stories about the candidate so the National Enquirer or Trump’s associates could buy and bury the claims. Pecker described how he paid $180,000 to scoop up and sit on stories from a doorman and McDougal. He didn’t involve himself in the Daniels payout, he said. He testified for parts of four days.
The defense argues the hush money payment was made to spare Trump’s family embarrassment, not to protect his presidential campaign. Trump, a businessman whose first public office was the White House, denies an encounter with Daniels took place.
Prosecutors are still unwilling to reveal other witnesses ahead of time out of concern Trump might attack them online or in the media. However, they’re leading up to crucial testimony from Cohen.
Will Trump be fined over gag order violations?
Trump has been held in contempt of court and must pay a $9,000 fine by the close of business on Friday. He must remove seven offending posts from his Truth Social account and two from his campaign website by 2:15 p.m. EDT Tuesday, Merchan said.
Prosecutors had alleged 10 violations, but Merchan found there were nine. The ruling was a stinging rebuke for Trump, who had insisted he was exercising his free speech rights.
Merchan wrote that Trump “is hereby warned that the Court will not tolerate continued willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment.”
Last Thursday, prosecutors argued Trump had again violated the order with social media posts and comments he made that morning at a campaign stop in New York City. Merchan has set a hearing Thursday for those alleged gag order violations.
If Trump is found in contempt, he could be fined $1,000 for each violation, sent to jail — which is unlikely — or receive a stern warning to stop.
What happens if Trump is convicted?
Trump faces 34 felony counts of falsifying business records and arranging hush money payments to Daniels, whose real name is Stephanie Clifford. These payments were allegedly aimed at concealing a sexual encounter Trump is accused of having with Daniels.
The charges center on a $130,000 payment allegedly made through Cohen shortly before the 2016 election.
Trump has repeatedly denied any wrongdoing and said he will testify if needed.
The charges are punishable by up to four years in prison — though it’s unclear if the judge would seek to put Trump behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he wouldn’t be able to pardon himself if found guilty.
The Associated Press contributed to this report.