Manhattan Supreme Court Justice Arthur Engoron on Thursday released a written order detailing why he determined Donald Trump’s Wednesday sworn testimony denying that he attacked a court clerk “rings hollow and untrue” after he fined the former president $10,000 for his second violation of a partial gag order meant to protect courtroom staff.
The former president had claimed on the witness stand that he had been referring to his former lawyer and fixer Michael Cohen as the “partisan” sitting “alongside” Engoron when he spoke to reporters outside the courtroom on Wednesday. But the judge was unconvinced, deeming that excuse “not credible.”
“Witnesses do not sit ‘alongside’ the judge, they sit in the witness box, separated from the judge by a low wooden barrier,” Engoron wrote in the order, obtained by The Messenger. “Further, Donald Trump’s past public statements demonstrate him referring to Michael Cohen directly by his name, or by a derogatory name, but in all circumstances, he is unambiguous in making it known he is referring to Michael Cohen.”
He added: “Using imprecise language as an excuse to create plausible ambiguity about whether defendant violated this Court’s unequivocal gag order is not a defense; the subject of Donald Trump’s public statement to the press was unmistakably clear.”
I honestly think the next time he runs afoul of the gag order he’ll get a few days for contempt. Whether they’ll be immediately suspended pending appeal I don’t know, but it’s one of the things a judge can do to enforce order immediately and without a lot of oversight. There’s case after case of some perp mouthing off to the judge and immediately earning a few weeks in jail and Trump has had $15k worth of warnings now. The next offense should be a hotel stay.
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Can a person appeal contempt?
Yes. If it’s criminal, it can be appealed. I think however that the judge will make very sure that the violation is obvious. Considering Trump’s defense (“I wasn’t talking about your aide, I was talking about Cohen”) and the fact the judge considered it, called bullshit on it, and left the $10k fine in place demonstrates that the judge has no patience for Trump’s usual line of bullshit. Trump now knows that a) court staff are not to be criticized and b) being intentionally vague is not going to save him. The next time Trump crosses the line will be far more perilous.