NEW YORK (AP) — Former President Donald Trump has faced fines for violating a gag order in his hush money case, but the repercussions could extend beyond financial penalties if he’s convicted. Trump’s ongoing defiance of the order, including recent comments that challenge its boundaries, may influence his sentencing.
Veteran New York defense attorney and former prosecutor Mark Bederow noted that Trump’s verbal attacks on witnesses, prosecutors, and the judge could be considered “aggravating factors” leading to a harsher sentence. Justice Juan Merchan, who imposed the gag order to prevent Trump from intimidating those involved in the case, has already fined Trump twice, with each of the 10 violations costing him $1,000. Despite the fines, Merchan warned that further breaches could result in jail time.
Gag Order and Violations
Initially, Trump appeared to temper his public commentary following the jail threat on May 6. However, as the trial progresses toward its conclusion, he has resumed comments that test the gag order’s limits. Notably, on May 16 and 21, Trump criticized prosecutor Matthew Colangelo without naming him directly, which violates the order prohibiting comments on the DA’s team.
While prosecutors have not flagged these recent comments to Merchan, focusing instead on concluding the trial, they could still factor into sentencing if Trump is convicted. Legal experts suggest that Trump’s repeated violations of the gag order could demonstrate a lack of remorse and respect for the law, influencing Merchan’s sentencing decision.
Sentencing Considerations
Trump faces 34 felony counts of falsifying business records, with a maximum prison sentence of four years. However, as a first-time offender with low-level felony charges, actual prison time is uncertain. Merchan will consider various factors, including mitigating and aggravating circumstances, in determining the sentence. Trump’s behavior, including his violations of the gag order, could be seen as an aggravating factor.
Barbara McQuade, a legal commentator and former U.S. attorney, emphasized that Trump’s actions reflect a lack of remorse and respect for the law, which could influence the judge’s decision. Conversely, law professor Anna Cominsky argued that while the violations could be considered, they might not justify a harsher sentence since Trump has already been penalized for contempt.
Trial Developments and Future Implications
The contempt orders appeared to have curbed Trump’s rhetoric temporarily, particularly concerning potential witnesses. However, his recent public statements, especially those made outside the courtroom, continue to push the boundaries of the gag order. With the trial on hiatus until closing arguments on Tuesday, Trump has several public engagements where his comments will be closely monitored.
Trump’s rhetoric and actions during this period will likely be scrutinized by prosecutors and could further impact the case’s outcome. As the trial nears its end, the tension between maintaining judicial order and Trump’s assertions of First Amendment rights remains a critical aspect of the proceedings.
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