2/ Via Lisa Rubin:

As we await the defendant for a hearing on alleged gag order violations, the DA's trial team is joined by the DA himself, Alvin Bragg, in the first row of the gallery.

And he is joined by his chief of appeals, Steven Wu, and behind them, even a now-retired veteran of the office, former first executive assistant D.A. Peter Pope.

McBrien:

9:20 a.m Joshua Steinglass, Susan Hoffinger, Matthew Colangelo arrive.

3/ Via Politico:

Still no Trump in the hallway, so he’s cutting it a little close if he’s going to say anything before court starts

4/ Orden:

Trump just entered.

5/ Per Rupar:

Before he entered, Trump again called for MAGA protests outside the NYC courthouse where he’s being tried.

[Me: Yesterday about 3-4 people showed up]

6/ McBrien:

For the defense, we have Todd Blanche to Trump's right, Emil Bove to his left, and Susan Necheles to Bove's left, in their usual seats. Pool photographers are snapping pics now.

9:33 a.m., all rise, Merchan is on the bench, and prosecution and defense make their introductions.

Steinglass immediately asks to approach.

Trump, having waived his right to be present at sidebars last week, remains seated at the defense table, alone.

7/ Orden:

Blanche says that lawyer Kendra Wharton is here today (presumably in place of another Trump lawyer who is absent due to Passover)

8/ Klasfeld:

Per BenFeuerherd
in the hallway press pool:

"Trump ignored questions about why he did not appeal his DC gag order, if he'll continue to post about the witnesses, what he would do to quell protests at college campuses and if he thinks Michael Cohen is a 'sleaze bag.'"

9/ I absolutely love color commentary.

Orden:

The oddest moments are when all of the lawyers are in the judge's chambers and Trump is just sitting at the defense table alone, staring forward, with the entire courtroom watching him from the back. (Which is what's happening right now.)

10/ Here we go…

Klasfeld:

Merchan:

"Two matters have been called into the record.

On April 15, prosecutors "asked this court to sign an order to show cause" on allegations that Trump violated the gag order on three occasions.

On April 18, they did so again on seven more alleged violations.

11/ McB:

Merchan reviews the purpose of the hearing—whether we'll find Trump in contempt "for one or all of these alleged violations," Merchan says. "I believe it's the People's burden. I'll hear you."

Conroy distributes documents to the bench.

12/ Inner City Press (I call him Press):

Prosecutor: I am handing up 10 documents, the violations. Number Nine is the landing page of a Truth Social post linking to an article, 9A is the article that's linked to. Judge, each of the 10 posts violate the order of April 1, which amended the March 25 order

13/ Klasfeld:

ADA Christopher Conroy:

The court found the "types of extrajudicial statements" Trump made pose a "very real threat" to the integrity of the proceedings.

Yesterday, "here in this building, right outside those doors [...] the defendant violated the order again on camera."

14/ McB:

Conroy is now talking about an alleged 11th violation: "For the record, yesterday, here in this building, right outside those doors...the defendant violated the order on camera...He did it right here, in the hallway outside."

He's reading a transcript of Trump's words.

15/ McB:

Conroy says Trump did this all "willfully and flagrantly," and "the Court should now hold him in contempt for each of the ten posts."

👉🏼Trump keeps closing his eyes periodically as Conroy speaks.

16/ Klasfeld:

Conroy says prosecutors will be filing another application for an order to show cause "on this violation later today."

The prosecutor says Trump seems to think: "No one is off-limits to this defendant, and he can attack and intimidate any one he wants."

17/ McB:

Conroy working his way through the list of the alleged violations, starting with a repost from Stormy Daniels' former lawyer Michael Avenatti.

Can you make a connection between that post and the stipulations of the gag order? Merchan asks.

18/ Press:

Prosecutor: The defendant said Cohen put in an invoice, and he [the Defendant] got indicted. So the defendant should be held in contempt of court. On April 10 at 10:07 am, the defendant reproduced a post by Michael Avenatti. Defendant added, 2 sleazebags

19/ Press:

Justice Merchan: Can you link this to the gag order?
Prosecutor: Michael Cohen and Stormy Daniels are known to be witnesses... Next, defendant posted a picture of a document, Official Statement of Stormy Daniels. He added, Will the fake news report it.

21/ Twitter keeps going down, people. Klasfeld noted that too.

So it’s getting really hard to post reporting.

22/ Again, Twitter is glitching all over the place. My posts may reflect that.

Press:

Prosecutor: He put on his campaign website, "ICYMI," which I understand to mean, In Case You Missed It, a link to an article... He published on Truth Social, the same link, about Serial Perjurer. On April 16 at 7:09 pm, defendant posted a picture of Cohen

23/ McB:

Conroy working his way through list of the alleged violations, starting with repost from Stormy Daniels' former lawyer Michael Avenatti.

Can you make a connection between that post and the stipulations of the gag order? Merchan asks.

By calling them sleaze bags, by going after their credibility, that’s part of the plan for this trial, it’s the defendant conditioning his followers, says Conroy.

Conroy makes the pt several more x about timing of post—5 days before jury selection.

24/ Katie Phang:

Prosecution: What Fox News Jesse Watters' said on tv about the prospective jurors/jurors versus what Trump posted are different in that Trump's Truth Social post was slightly modified in a way and it violates the gag order.

25/ McB:

Conroy is still working his way through the list of allegations, adding context, and drawing explicit connections to the wording of the gag order.

He's discussing Jesse Watters.

Conroy says the Watters example is a hybrid of something someone else said—"They're catching undercover liberal activists lying to the judge"—with something that Trump added—"in order to get on the Trump jury."

26/ McB:

"The burden here is on us," Conroy says, to prove beyond a reasonable doubt that these violations were made willfully.

"The order is clear," he says, and Trump violated it.

27/ Klasfeld:

Conroy:

"There is no doubt that the defendant made these statements."

He adds that Trump's addition to the Watters statement goes to the former president's "willfulness."

"All of the posts here are made concerning the criminal proceeding." [...]

"It's just very clear that they were linked to this case."

28/ McB:

All of the posts here are made in relation to this criminal proceeding, says Conroy. "We know that from the words...it's just very clear that they relate to this case."

👉🏼"Throwing MAGA into a post doesn't make it political. It may make it more ominous," he says.

29/ Klasfeld:

Conroy confronts Trump's defense that he's just responding to attacks by Michael Cohen and Stormy Daniels.

The Appellate Division informed him otherwise, the prosecutor notes.

"He knows he's forbidden. That's what the order says."

"There is no provision in this order for responding to attacks."

30/ Klasfeld:

"By his logic, if someone not covered by the order says something mean," then he can attack them.

That view is "tortured at best" and would "eviscerate the clear meaning of this order" if the court would adopt that, the prosecutor adds.

Trump is violating the "crystal-clear, unequivocal lines" of the court's gag order.

He pivots to the argument that reposts aren't his statements.

"That flies in the case of common sense."

31/ McB:

There's no indication that Trump's claim that he's responding to attacks is anything more than an after the fact justification, says Conroy.

"[Trump] says whatever he needs to say to get the results that he wants. It's tortured at best," says Conroy, arguing that the defendant has plenty of leeway to talk about a great many other things.

32/ McB:

Trump was "knowingly and willfully breaching the crystal clear unequivocal lines set by this court in the April 1 order to protect the integrity of this proceeding," says Conroy.

Now he's addressing Trump's argument for an order carve out for reposts, rather than original posts of his own.

33/ Press:

👉🏼👉🏼 Prosecutor: We are not yet asking for an incarceratory penalty. We are asking for a $1000 fine for each of these ten posts, and that he be ordered to take the ten posts down.

Trump's lawyer Blache: President Trump knows what the gag order allows him to do

34/ McB:

Conroy says they're "not yet" seeking sanctions of jail time—only fines, ordered removal of the posts, and for the court to issue another warning that this won't be tolerated and that incarceration is an option "should it be necessary."

Blanche is up now.

"Just to set the record very straight and clear: Pres Trump does in fact know what the gag order allows him to do and not allow him to do."

35/ Orden:

Conroy says they are not seeking jail time, but "defendant seems to be angling for that."

"Retweets are not endorsements" as a legal argument

Conroy is disputing that "reposts" are exempt from the gag order. He points to New York defamation law, which says that someone who repeats defamatory material “is subject to liability as though he had originally published it.”

36/ This seems like a confession. He’s saying, Trump knows what he’s doing.

Klasfeld:

Blanche:

"Just to set the record very straight and clear: President Trump does know what the gag order" allows him to do and not do.

Blanche claims that there's been no violation.

37/ McB:

Merchan clarifies the timing of a post from Cohen post, which would proceed Avenatti's post.

"We're gonna take one at a time, otherwise it's going to get really confusing," Merchan says to Blanche. He wants to get the timeline of these posts, reposts, and replies clear.

38/ Klasfeld:

Blanche:

There's no dispute that Trump's facing a "barrage" of attacks from all corners, particularly from Michael Cohen and Stormy Daniels.

Trump's comments "back to them" were not about their testimony.

"Michael Cohen directly responded to this comment by Mr. Avenatti politically."

The judge asks him for a citation.

39/ Klasfeld:

He responds that it's in the defense papers, referring to one of Cohen's posts about the "orange menace."

"He's allowed to respond to political attacks, your honor."

Justice Merchan corrects the chronology: Trump's post preceded Cohen's, he says.

40/ Klasfeld:

Merchan presses Blanche: What about Cohen's post makes it a political attack?

Blanche replies that it's the reference to a pardon.

👉🏼Merchan, skeptically:

"You believe that everything that Mr. Avenatti said does not relate to the trial, but that the use of the word 'pardon' makes it political and authorizes your client to respond?"

41/ Klasfeld:

Merchan:

"When your client is violating the gag order, I expect you" to have more than one word — i.e. pardon — as a justification.

Blanche denies that Trump violated the gag order.

The judge says he hasn't yet made that finding.

[Me: This reminds me of the Seinfeld episode where they’re pitching their show to NBC, asked why they should buy a show about Nothing, George says, “bc it’s on TV” and NBC Guy says, “Not yet!”]

42/ McB:

Blanche says that the witnesses are making money, documentaries, TV interviews about Trump, all while Trump is gagged and threatened with jail if he responds.

Merchan wants to get into what was actually said rather than interpret and "read between the lines."

Blanche argues that the mention of the pardon in Cohen's post is what makes it political in nature.

Merchan asks if Blanche has spoken to Avenatti (no), then asks, "How can you infer...what he means?"

43/ McB:

What defense is saying is a) it's political and b) significantly, if he's talking about witnesses it can't have anything to do with these proceedings. Remember why the language in the order exists, says Blanche.

Merchan: "I remember."
Blanche; "I don't want to relive that."

44/ McB:

“You refer to the repeated attacks, yet this first exhibit didn't happen until the day after the matter was brought to the appellate division," Merchan says. It's "not a recent attack, but a series of attacks, can you understand why I'm curious about that?"

Merchan asks impatiently if we can go onto exhibit 2.

45/ Klasfeld:

Blanche:

Cohen and Daniels have "ramped up" their political attacks.

The judge calls the timing "confused," noting that Trump waited until an appellate battle before posting attacks from posts from days earlier.

Blanche, with the quote of the day, so far:

👉🏼"Pres Trump 'Truths' repeatedly, all day, virtually seven days a week, your honor."

Blanche on "repeated attacks" from Daniels, including through her documentary:

"He's running for president. He has to respond to that."

46/ McB:

"This was a response to what specific attack?" Merchan demands. "This is six years old, when [Trump] pulled it out."

The document is six years old, but Trump had posted "Look what was just found"

Merchan clarifies that he didn't get an answer about what specific attack exhibit 2 was in reference to, but Blanche says it's a response to repeated attacks.

47/ McB:

Merchan: "Repeated is not specific. Give me one, give me the most recent one that he was responding to here."

👉🏼Merchan is audibly and visibly irritated with Blanche now, as the judge says to him: "I'm asking the questions. I'm going to decide whether your client is in contempt or not...so please don't turn this around."👈🏼 [Me: Oof!]

Merchan mentions that it's almost 10:30, and jurors are waiting.

48/ It’s hard keeping up today, folks.

Klasfeld:

Blanche on "repeated attacks" from Daniels, including through her documentary:

"He's running for president. He has to respond to that."

Blanche angers the judge with this question:

"Your honor says the timing matters. Why?"

👉🏼Merchan snaps: "I'm asking the questions," telling Blanche he shouldn't "turn it around."

49/ Klasfeld:

Blanche positions Trump's attacks against Cohen as a broader swipe at justice system:

"It's attacking the People, & the system, for not prosecuting Mr. Cohen for lying."

He says Trump's criticizing the "2 systems of justice in this courtroom."

👉🏼That line doesn't seem to sit well with Justice Merchan.

👉🏼"There's two systems of justice in this courtroom? That's what you're saying?" he asks, bristling.

Blanche puts that sentiment in his client's mouth, and the exchange moves on.

50/ Klasfeld:

Justice Merchan: "That suggests because the people or the court do not take action for every single violation," that the gag order is waived.

Blanche: "That's not what we're saying."

👉🏼The judge says that is what the defense is saying.

51/ Klasfeld:

Blanche: "It's not making a mockery of the gag order, your honor. It's a close call."

Blanche says that "reposting an article from a news site" or "a news program" doesn't violate the gag order.

Justice Merchan asks him where the case law supports that.

🤦🏻‍♀️😂"I don't have any case law," Blanche says, calling the proposition "common sense."

52/ McB:

😂 #WompWomp 👉🏼If you can't tell from my live tweets so far, this contempt hearing doesn't seem to be going well for the defense.

Blanche mentions two potential violations that the DA didn't bring up.

That suggests that somehow the people or the court does not take action on a violation, that the gag order is waived, that's just silly, 👈🏼Merchan says. That doesn't negate the validity of the gag order.

53/ McB:

"It's not making a mockery of the gag order, your honor," Blanche says.
Merchan: "Then what is your argument?"
😆👉🏼This isn't quite like watching a full blown car accident, but it's certainly like watching a fender bender.

54/ McB:

When something is reposted, how does it get there (onto the client's account)? Merchan asks.

It requires some sort of action, Merchan clarifies. It's not passive.

Caselaw talks about passive conduct vs. what we're describing here.

Blanche clarifies that's not their position.

55/ Press:

Justice Merchan: What was he responding to?
Trump's lawyer Blanche: To the two systems of justice in this courtroom Merchan: You're saying there are two system of justice in this courtroom?
Blanche: Mr. Weisselberg is in jail, and Michael Cohen is not
Merchan: You suggest that because the People or the Court do not respond to every violation of the gag order, it's waived. It's not. It does not negate the validity of the gag order
Blanche: He reposted others and the People didn't act

56/ Press:

Justice Merchan: How does his account work?
Trump's lawyer Blanche: There's a group of folks that look for articles they think President Trump's audience should know about.

Justice Merchan: It's not passive. Someone had to do something.

Justice Merchan: Is your client saying he thought reposting couldn't violate the gag order? You've presented nothing.
👉🏼👉🏼Trump's lawyer Blanche: Do you want me to put President Trump on the stand? Is that was your asking for?👏🏼

57/ Klasfeld:

The judge scoffs at the notion that it's "common sense" that Trump is "washing his hands" of the posts through reposts.

Merchan asks Blanche if he's "testifying" for his client, and Blanche responds that he's not testifying; he's making arguments.

58/ Klasfeld:

Merchan notes Trump's adding words to the end of Jesse Watters' post:

"Your client manipulated" what was said and "put it in quotes," correct?

Blanche says he wouldn't use the word "manipulated," but he ultimately concedes: "No. 10 is not a repost, agreed."

🤦🏻‍♀️Throughout these arguments, Blanche studiously uses "Truth" as a verb for posting on Trump's social media platform.

59/ McB:

So it's your client's position that when he was reposting these things, he was not violating the gag order?...Are you testifying under oath that's your client's position? Merchan asks Blanche.

😂👏🏼I'm going to revise my earlier tweet calling the contempt hearing a "fender bender."

This is a trainwreck.👈🏼🚂

60/ McB:

Merchan jumps to exhibit 10, the Jesse Watters one, and points out that this wasn't a repost at all.

👉🏼"He had to sit there, use quotation marks, [and] the shift key," Merchan says.

Blanche ties to end on this point: we are trying to comply with this gag order. Trump is being very careful👈🏼

👏🏼👉🏼But Merchan cuts in: "You're losing all credibility, I'll tell you right now."👈🏼BOOM 💥

61/ McB:

"If anything, the court should make crystal clear what it means with the reposts" says Blanche, but Merchan says it's not ambiguous, and that Blanche isn't giving him any argument to counter that point.

62/ McB:

Merchan makes an analogy about if Trump grabs a sign from someone outside, one that says horrible things about the witnesses or jury, and walks around with it.

Blanche takes issue with that analogy, bc he says a news article is at issue here.

👉🏼Merchan says: What you shoulda done, is probably said my client is thinking of reposting things, it's not really clear in the gag order, so Judge Merchan is that allowed? But you didn't.

63/ McB:

👉🏼He'll reserve judgment on this, and we're about to take a quick break.

Cohen and Daniels are not criminal defendants in this case, Trump is, Conroy says, as he hands up one more of Trump's posts from 4/4 and reads it.

64/ 📌 McB:

"See you at 11," Merchan says. We'll be going straight from 11am to 2pm when we're back.

But we break, Merchan says he came up with an AMI limiting instruction, which is basically a combination of the two submissions.

ME: REMINDER, for me it’s a short day. Things to do. I’ll cover when I can.

65/ Orden:

Trump is back in courtroom. He walked in holding a handful of papers.

66/ McB:

Some more color for you.

When Justice Merchan said to Blanche just a bit ago that "You're losing all credibility," there was an audible gasp from the press.

I'm hearing from a reporter that a member of the public who made it into the courtroom today has been detained. Unclear right now why.

67/ LOL

Via Vaughn Hillyard:

Trump just claimed that the police have shut down the streets around the courthouse for blocks & that his protesters can’t be here.

Just…not true. There is one pro-Trump person here & the main street along the courthouse is open to traffic.

68/ Via Klasfeld:

For those unfamiliar:

The judge reserving decision simply means he will issue his order at some later time — potentially even later in the day.

👉🏼As Trump and his lawyers re-enter the courtroom, Blanche appears to look even more miserable than his client.👈🏼 #WompWomp

AND WITH THAT, I’M OFF. I MAY HAVE TIME FOR MORE POSTING IN A WHILE, BUT FOR NOW, I’M DONE.

For those missing Laffy's play by play of Trump in court I recommend the AP:

https://apnews.com/live/trump-trial-witnesses-updates

Trump trial live updates: David Pecker takes the stand as testimony resumes

Testimony resumes in Donald Trump's hush money trial, with David Pecker, longtime publisher of the National Enquirer, taking the stand again.

^{AP News}