Toobin Says Trump ‘Clearly’ Violated Gag Order with Social Media Post: ‘An Attempt to Intimidate Jurors’
Jeffrey Toobin said Donald Trump likely violated a gag order with a social media post the former federal prosecutor alleged is juror intimidation.
Jury selection in Trump’s Manhattan criminal trial began on Monday. The ex-president has pleaded not guilty to 34 felony counts of falsifying business records to conceal hush money payments. Judge Juan Merchan has imposed a gag order on Trump meant to prevent him from attacking witnesses, court staff, jurors, and members of their families. The order does not apply to Merchan, but does include his daughter, whom Trump repeatedly attacked on social media.
Toobin joined Wednesday’s edition of AC360, where host Anderson Cooper noted Trump cited a Fox News host on his Truth Social platform.
“They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury,” Trump quoted Jesse Watters as saying.
Seven jurors have been seated so far.
“Is that permissible given the gag order on Trump?” Cooper asked.
Toobin replied:
I don’t think so. I think it’s false, but more importantly, it’s clearly – I think – an attempt to intimidate jurors and it is clearly barred by the gag order in this case. I mean, Donald Trump doesn’t seem to realize he is now a criminal defendant, and criminal defendants have different and lesser rights than ordinary citizens. They are not allowed to interfere in the trial process – especially when there is a gag order that specifically addresses attempts to intimidate jurors. I mean, it is just not permissible.
Toobin added that judges tend to regard the jury as “almost sacrosanct,” and said Merchan is likely to “be very concerned about” Trump’s post.
“What are his options, though?” Cooper inquired.
Toobin replied that judges typically issue fines and increase them with each passing violation.
“But if Trump continues to violate the court’s order, it is well within Judge Merchan’s ability and his power to order him locked up for contempt,” Toobin added. “I don’t think he’s there yet, but – and dollar sanctions will certainly be the first sanction – but you know, if Trump continues to violate these rules – and we are very early in this process – it could happen.”
Watch above via CNN.
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