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Katie Phang Profile picture
@KatiePhang
Apr 30 • 7 tweets • 2 min read • Read on X
NEW: Judge Merchan now rules on the gag order violations:

On #2 and 3 in the first motion: the court finds that the People have met their burden and Trump is fined $1000 for each of those.

#4-10 in the second motion: the court finds that the People have also met their burden and Trump is fined $1000 for each of those.
Recall:

Under NY law and procedure, the moving party (in this case the prosecution) must meet their burden to have someone held in contempt.

And the punishment is a fine of $1000 or jail up to 30 days or a combo of both.
Katie’s Sidebar: Judge Merchan exercised his discretion in only fining Trump.

I suspect that when (not if) Trump violates again, Merchan will be more inclined to put Trump into custody, escalating the punishment.

It’s giving Trump enough rope to hang himself.
Trump must also take down the 9 offending posts by 2:15 pm ET today, April 30th.
Here is Judge Merchan’s Order:

nycourts.gov/LegacyPDFS/pre…
Note: Judge Merchan warns Trump that if he continues to violate the order, the Court “will impose an incarceratory punishment.” Image
This part, too: Image

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More from @KatiePhang

Katie Phang Profile picture
May 2
It's Day 10 of Donald Trump's NY election interference trial.

Today, he's joined (again) by Boris Epshteyn, who is fresh off his indictment in Arizona last week for his efforts to overturn the 2020 election results in that state.
Judge Merchan has taken the bench. The first order of business should be the contempt hearing for Trump's latest round of gag order violations.
Judge Merchan asks the Prosecution to walk through each of the 4 violations and to explain why they violate the gag order.
Read 16 tweets
Katie Phang Profile picture
May 2
Katie's Sidebar:

Tomorrow, Thursday, May 2, will be Day 10 of Trump's NY election interference trial. Keith Davidson, former atty for Karen McDougal and Stormy Daniels, will be back on the witness stand for the continuation of his Direct Examination by the Prosecution.

But, before the jury returns at 10 a.m. ET, Judge Merchan will conduct his second contempt hearing for Trump's alleged violations of the gag order at 9:30 a.m. ET.
There are 4 alleged new violations:

(1) 4/22 outside of the courtroom in the hallway: Trump repeatedly called Michael Cohen a liar and claimed that he got indicted for paying a legal invoice submitted by Cohen.

(2) 4/22 interview on Real America's Voice: Trump complained that the "jury was picked so fast — 95% democrats. The area's mostly all democrat. You think of it as a — just a purely democrat area. It's a very unfair situation that I can tell you."

(3) 4/23 interview on an ABC news affiliate in Pennsylvania: Trump attacked Michael Cohen and his credibility. Trump also talking about David Pecker testifying.

(4) 4/25 at a Manhattan press event: Trump commented on Pecker's ongoing testimony: "He's been very nice. I mean, he's been — David's been very nice. A nice guy."
The gag order is clear that Trump is to "refrain from making or directing to be made (i) public statements about known witnesses concerning their participation in this criminal proceeding and (ii) public statements about any prospective juror or any juror in this criminal proceeding."
Read 4 tweets
Katie Phang Profile picture
Apr 30
So the settlement agreement between Stormy and Trump required that the $130K be funded by 10/14/16, but that deadline came and went w/o any payment made.

Davidson on 10/17/16 emailed Cohen at his address with a subject line of "PP v. DD: Important." In the email Davidson warns Cohen that Stormy will cancel the agreement "if no funds are received by the close of business today."

Davidson testifies that he sent the email because the funding deadline had passed with a series of excuses for not paying.Trumporg.com
Davidson then testifies that when he told Cohen how dissatisfied Stormy and her rep were with the delays and the excuses, Cohen responded: "Goddamn it; I'll just do it myself."

Steinglass: "Did you ever believe that Michael Cohen would be the ultimate source of the funds?"
Davidson: "Never prior to the funding, no."
On Oct. 17, 2016, Davidson emailed Cohen and advised that Stormy was canceling the agreement and that he would no longer be representing her.
Read 5 tweets
Katie Phang Profile picture
Apr 30
Now, the prosecution moves on to a new line of questioning with Keith Davidson about his other client Stormy Daniels.
Per Davidson, a woman named Gina Rodriguez referred Stormy to him. Gina was a talent manager and Stormy was considered to be "talent."
Davidson: “There was a blog post or a story posted on the website (for ) that stated that Stormy Daniels and Donald Trump had some sort of physical romantic interaction."

So Davidson sent a cease and desist letter to Radar.radar.com
Read 10 tweets
Katie Phang Profile picture
Apr 30
Trial has resumed in Judge Merchan's courtroom in downtown Manhattan with Keith Davidson, former attorney for Karen McDougal and Stormy Daniels back on the stand for his continued Direct Examination by the Manhattan DA's Office.
Note: Texas Attorney General, Ken Paxton, is also present in the courtroom. Trump's longtime trusted senior adviser to his campaign, Susie Wiles, has also been present since this morning.
Howard texts Davidson on July 28, 2016: "I need this to happen."

Davidson testifies that AMI's then-General Counsel tells him to call Michael Cohen as they're trying to hammer out the details of the agreement between AMI and McDougal.
Read 10 tweets
Katie Phang Profile picture
Apr 30
Now, the prosecution calls Keith Davidson, who was Karen McDougal’s attorney, as well as Stormy Daniels’ attorney.
Davidson owns a law firm: Davidson and Associates, which focuses on civil litigation like personal injury cases and media cases.
Davidson testifies that between 2015-2017, he regularly worked on Non-Disclosure Agreements (NDAs) and that on occasion, the subjects of those NDAs were the subjects of tabloid coverage.
Read 14 tweets

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