Bragg files motion to hold Trump in contempt for alleged gag order violations, threatens 30 days of jail time

Manhattan District Attorney Alvin Bragg filed a motion Tuesday to hold former President Trump in contempt of court, claiming he violated the gag order imposed upon him by publishing three social media posts relating to two known witnesses in his criminal trial — Michael Cohen and Stormy Daniels. 

Bragg is urging Manhattan Judge Juan Merchan to also warn Trump that “future violations” of the gag order can be punished “not only with additional fines, but also with a term of incarceration of up to thirty days.” 

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Merchan last month imposed a gag order on Trump, due to his “prior extrajudicial statements.” Merchan said they established “a sufficient risk to the administration of justice.”

Former President Donald Trump awaits the start of proceedings on the second day of jury selection at Manhattan criminal court, Tuesday, April 16, 2024, in New York. Donald Trump returned to the courtroom Tuesday as a judge works to find a panel of jurors who will decide whether the former president is guilty of criminal charges alleging he falsified business records to cover up a sex scandal during the 2016 campaign. (AP Photo/Mary Altaffer, Pool)

Merchan ordered that Trump cannot make or direct others to make public statements about witnesses concerning their potential participation or about counsel in the case — other than Bragg — or about court staff, DA staff or family members of staff.

Merchan also ordered that Trump cannot make or direct others to make public statements about any prospective juror or chosen juror.

During the first day of the criminal trial and start of jury selection, Manhattan prosecutors suggested Trump had violated the order on three separate occasions on social media. Prosecutors said Trump should be fined $3,000 for the three alleged violations of the gag order — $1,000 for each violation. 

On Tuesday, Bragg’s team filed a motion to hold the former president and presumptive Republican presidential nominee in contempt of Court.

Manhattan district attorney Alvin Bragg arrives at Manhattan criminal court, Tuesday, April 16, 2024, in New York. Donald Trump returns to a New York courtroom Tuesday as a judge works to find a panel of jurors who will decide whether the former president is guilty of criminal charges alleging he falsified business records to cover up a sex scandal during the 2016 campaign. (AP Photo/Yuki Iwamura)

The first statement Bragg’s team said was in violation of the order was a social media post on April 10 about Michael Avenatti, a lawyer who formerly represented adult film actress Stormy Daniels. Avenatti was later convicted of stealing from Daniels. 

Trump, earlier this month, re-posted a statement from Avenatti, which said: “We can’t be hypocrites when it comes to the 1st Amendment. It is outrageous that Cohen and Daniels can do countless TV interviews, post on social, & make $$ on bogus documentaries—all by talking sh*t about Trump—but he’s gagged and threatened with jail if he responds.”  

Trump, after re-posting Avenatti’s statement, added: “Thank you to Michael Avenatti –for revealing the truth about two sleeze bags who have, with their lies and misrepresentations, cost our Country dearly!!” 

Michael Avenatti said the gag order on Trump is not fair.  (AP Photo/John Minchillo, File)

Bragg’s office also pointed to another post from April 10, in which Trump shared a picture of a document titled “Official Statement of Stormy Daniels,” which was dated Jan. 30, 2018. 

“Over the past few weeks I have been asked countless times to comment on reports of an alleged sexual relationship I had with Donald Trump many, many, many years ago,” the statement from Daniels says. “I am not denying this affair because I was paid ‘hush money’ as has been reported in overseas owned tabloids. I am denying this affair because it never happened.”

Trump posted, along with the photo, “LOOK WHAT WAS JUST FOUND! WILL THE FAKE NEWS REPORT IT.” 

Separately, Daniels had denied the allegation in a Jan. 10, 2018 statement as well. 

Stormy Daniels sat down with Piers Morgan for an interview available on Fox Nation (Fox News)

“I recently became aware that certain news outlets are alleging that I had a sexual and/or romantic affair with Donald Trump many, many, many years ago. I am stating with complete clarity that this is absolutely false,” Daniels wrote in that Jan. 10, 2018 statement. “My involvement with Donald Trump was limited to a few public appearances and nothing more.”

Daniels wrote in the letter that when she met Trump, he was “gracious, professional and a complete gentleman to me and EVERYONE in my presence.”

“Rumors that I have received hush money from Donald Trump are completely false,” the letter read. “If indeed I did have a relationship with Donald Trump, trust me, you wouldn’t be reading about it in the news, you would be reading about it in my book. But the fact of the matter is, these stories are not true.”

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Bragg’s office also pointed to a third statement, in which Trump blasted former Manhattan prosecutor Mark Pomerantz. 

“Has Mark POMERANTZ been prosecuted for his terrible acts in and out of the D.A.’s Office,” Trump posted on April 13. “Has disgraced attorney and felon Michael Cohen been prosecuted for LYING? Only TRUMP people get prosecuted by this Judge and these thugs! A dark day for our Country. MAGA2024!!!”

Michael Cohen, former personal lawyer to US President Donald Trump, right, outside federal court in New York, US, on Thursday, Dec. 14, 2023.  (Yuki Iwamura/Bloomberg via Getty Images)

Cohen, in 2018, pleaded guilty to campaign finance violations, making false statements to Congress, making false statements to Congress and tax evasion. He was sentenced to three years in prison.

As for Pomerantz, he and his colleague Carey Dunne resigned from the Manhattan district attorney’s office in 2022 after Bragg took over as district attorney. At the time, Bragg had stopped pursuing charges against Trump and suspended the investigation “indefinitely,” according to a letter written by Pomerantz and obtained by Fox News Digital last year. 

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Pomerantz and Dunne, who had been leading the investigation under Bragg’s predecessor, former Manhattan DA Cyrus Vance, submitted their resignations in February 2022 after Bragg began raising doubts about pursuing a case against Trump.

After Pomerantz resigned, he wrote a tell-all book based on the investigation, which was still ongoing. The book seemingly made the case to charge Trump. 

Former US President Donald Trump, center, speaks to members of the media at Manhattan criminal court in New York, US, on Monday, April 15, 2024. Jury selection beings Monday in Trump’s criminal trial where he faces 34 felony counts of falsifying business records as part of an alleged scheme to silence claims of extramarital sexual encounters during his 2016 presidential campaign.  (Jabin Botsford/The Washington Post/Bloomberg via Getty Images)

Meanwhile, Bragg’s team, in their Tuesday motion, said that fines may not be enough to prevent future issues and violations of the gag order. 

“This Court should warn defendant that future violations of the Court’s restrictions on his extrajudicial statements can be punished not only with additional fines, but also with a term of incarceration of up to thirty days,” the motion states. 

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The contempt motion comes as part of the historic criminal trial of Trump. He is the first U.S. president to stand criminal trial. 

Bragg charged him with 34 counts of falsifying business records in the first degree related to alleged hush money payments made to Daniels in 2016 ahead of the election. 

Trump has pleaded not guilty to all counts.