Judge finds Trump in contempt, fines him $9,000 for violating the gag order multiple times and warns he faces jail

Donald Trump has been found in contempt of court for violating the hush money trial gag order and fined $9,000.

Judge Juan Merchan also warned the former president he could face jail if he does it again in a stern warning to start the third week of the case, and ripped some of his own arguments in defense of his online attacks as 'absurd.'

And in a clear warning in his ruling, the judge noted the challenge of relying on financial penalties against a defendant who can 'easily afford' to pay the fine. In the case of the billionaire Trump, he raised the possibility of 'whether in some instances, jail may be a necessary punishment.'

There was some good news for the 77-year-old, as Judge Merchan ruled he could attend Barron's high school graduation next month.

Trump was fined $1,000 each for a serious of social media posts that targeted witness Michael Cohen and questioned the bias of the jury.

The judge also Trump to remove the offending posts, which included calling potential witnesses Michael Cohen and Stormy Daniels 'sleaze balls.'

The decision follows a contentious court hearing where Trump's lawyer contended that none of the posts or statements violated the gag order and cited arguments grounded in the First Amendment.

The judge acknowledged those sensibilities, saying he was 'keenly aware of, and protective of, Defendant's First Amendment rights, particularly given his candidacy for the office of President of the United States.'

He said those rights must not be curtailed, being able to 'fully campaign for the office which he seeks and that he be able to respond and defend himself against political attacks.' But he called the gag order 'narrowly tailored to prevent risk. 

And he threatened to impose an 'incarceratory sentence' if Trump continued.

It was the latest development in the Stormy Daniels 'hush' money trial that has brought a series of revelations, including which celebrities, powerbrokers, and golf pros had their numbers logged by Trump's longtime assistant. 

Trump directed criticism at the judge once again on the way into court – again complaining about his failure to recuse himself from the case.

That was a veiled reference to Judge Merchan's daughter, whose work for a digital advocacy firm with prominent Democratic clients is the basis for some of Trump's attacks.

Judge Merchan updated his gag order to prohibit attacks on family members. 

'It's called recusal abuse,' Trump said Tuesday inside criminal court in Manhattan. 'The judge should terminate the case because they have no case,' he said.

Judge Merchan blasted Trump lawyer Todd Blanche during a hearing where prosecutors claimed violations of the gag, one-by-one.

Blanche tried to summon arguments while his client looked on, sometimes but the judge was unpersuaded. 

'Mr Blanche, you're losing all credibility, I have to tell you right now,' Merchan said. 'You're losing all credibility with the court. Is there any other argument you want to make?' he said at one point.

The judge in his decision wasn't persuaded by Trump's arguments that his violations were not 'wilful' or that he reposted material by others.

'This Court's Expanded Order is lawful and unambiguous. Defendant violated the Order by making social media posts about known witnesses pertaining to their participation in this criminal proceeding and by making public statements about jurors in this criminal proceeding,' he wrote.

The judge found Trump 'curated' the posts and published them to maximize their reach. He used some of Trump's own boasts against him. 

"When I put out a statement it is SPREAD all over the place, fast and furious. EVERYBODY SEEMS TO GET WHATEVER I HAVE, TO SAY, AND QUICKLY... If it didn't work, or properly get the word out, I wouldn't use it - But it does work, and work really well,' Trump said.  

'It is counterintuitive and indeed absurd, to read the Expanded Order to not proscribe statements that Defendant intentionally selected and published to maximize exposure,' he wrote.

He also rapped Trump for the way he altered a quote by Fox News anchor Jesse Watters and said liberal activists were 'lying' to get on the jury. 

'This is not a repost but rather the Defendant's own words. Mr. Watters uttered a statement which Defendant altered, placed in quotes, attributed to Mr. Watters and posted. The purpose being to call into question the legitimacy of the jury selection process in this case. This constitutes a clear violation of the Expanded Order and requires no further analysis.'

The order prevents Trump from 'making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding, and 'public statements about any prospective juror or any juror.'

The judge warned that financial penalties might not have the desired effect on a wealthy defendant - bringing him back to the jail threat.

'While $1,000 may suffice in most instances to protect the dignity of the judicial system, to compel respect for its mandates and to punish the offender for disobeying a court order, it unfortunately will not achieve the desired result in those instances where the contemnnor can easily afford such a fine. In those circumstances, it would be preferable if the Court could impose a fine more commensurate with the wealth of the contemnor. In some cases that might be a $2,500 fine, in other cases it might be a fine of $150,000. Because this Court is not cloaked with such discretion, it must therefore consider whether in some instances, jail may be a necessary punishment.'