Judge Juan Merchan sanctioned the former president for the first, and likely not the last, time.
Donald Trump has made his contempt for the court clear throughout his criminal trial in Manhattan, and now a judge has made it official. Juan Merchan ruled today that the former president had violated a gag order designed to protect the integrity of the trial and fined him $9,000.
The order is a window into Merchan’s approach to controlling the unruly defendant, who is on trial in his courtroom for falsifying business records. Merchan found that nine violations alleged by prosecutors were clear violations, but deemed a tenth too ambiguous to warrant punishment. He declined to levy the most serious punishment available to him—namely, tossing Trump in jail—but also had scathing words for Trump’s excuses for violating the order. Merchan used his ruling to defend his gag order as narrow and careful, but also warned that potential witnesses (looking at you, Michael Cohen) should not use the order “as a sword instead of a shield.”
Merchan is the third judge in recent months to reckon with the challenge of Trump, a defendant who not only is furious that he’s being called to account for his actions and is openly disdainful of the rule of law, but also sees political advantage in attempting to provoke sanctions on himself. Give Trump too much latitude and he undermines the standing of the criminal-justice system; act too forcefully and it could reward his worst behavior.
Lewis Kaplan, the federal judge who handled civil suits brought by E. Jean Carroll, scolded Trump for his behavior from the bench but went no further. Justice Arthur Engoron, who oversaw a civil fraud case, repeatedly fined Trump and chided him, but also allowed him to hector the court in closing arguments.
