Trump trial attorney frustrated over gag order argument

The second day of Donald Trump’s hush-money trial got off to a rocky start for the former president’s legal team.

On Tuesday, Justice Juan Merchan heard arguments about whether comments Mr Trump made about those involved in the case violated a gag order.

Sparks quickly flew between his lead lawyer, Todd Blanche, and the judge.

After prosecutors alleged 10 of his social media posts violated the order, Mr Blanche argued his client had a right to address “political attacks”.

Justice Merchan was not buying it.

“You’re losing all credibility with the court,” he told Mr Blanche, after trying to get him to hurry up his arguments.

At stake for Mr Trump is a $10,000 fine and a warning that future violations of the order could lead to his imprisonment.

The judge said he would reserve making a ruling until an unspecified time. In the break that followed the arguments, Mr. Trump took to social media site Truth Social to criticize Judge Merchan and claim that he is being unfairly blocked from defending himself against attacks.

Trump is accused by the prosecution of routinely breaking a restriction that prevents him from publicly attacking witnesses, prosecutors and relatives of court staff. Judge Merchan imposed the order.

Later Tuesday morning, a former tabloid newspaper publisher took the stand to resume his testimony in the historic criminal trial in New York City.

David Pecker ran the National Enquirer, which prosecutors say suppressed negative stories about Mr Trump to benefit his 2016 election chances.

The case relates to hush-money paid to a porn star who Mr Trump allegedly had sex with – though he denies doing so.

Mr Trump is accused of trying to cover up a $130,000 (£104,500) payment to porn star Stormy Daniels before he won the race for the White House back in 2016.

Ms Daniels alleges that she had sex with Mr Trump in 2006 and that she was paid by his lawyer to stay quiet about it ahead of the pivotal vote.

Mr Trump’s former personal lawyer and “fixer”, Michael Cohen. claims he was directed to pay Ms Daniels $130,000 her silence about her alleged affair with Mr Trump.

The trial centres on a reimbursement Mr Trump made to Cohen.

Hush-money payments are not illegal. But prosecutors allege that Mr Trump committed a crime by improperly recording the money used to reimburse Cohen as legal expenses.

They describe this as an effort to unlawfully influence the 2016 vote – which is what escalates the allegation into a more serious felony.

“It was election fraud, pure and simple,” a lawyer told the jury on Monday during opening statements by both legal teams.

Mr Trump has pleaded not guilty to 34 counts of falsifying business records.

Setting out the case for the defence, Mr Trump’s lawyer said his client was “cloaked in innocence”, had committed no crimes, and that it was not illegal to try to influence an election.

The defence also sought to cast prosecutors’ star witness – Cohen – as untrustworthy.

More on Trump trial

Mr Pecker was the trial’s first witness. He took the stand briefly on Monday.

Prosecutors allege that when running that tabloid, he pursued a practice known as “catch-and-kill” to support Mr Trump’s 2016 presidential run.

He did this by buying the rights to stories that cast Mr Trump in a bad light. He would then decline to publish them, which effectively suppressed the damaging information.

A former Playboy model, Karen McDougal, says she was paid $150,000 by AMI for her story of an alleged affair with Mr Trump – which he also denies.

This payment, the court heard, was to keep her quiet about the purported tryst during the final weeks of the election campaign.

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