NEW YORK — A New York judge on Monday told Donald Trump that he will send the former president to jail the next time he violates a gag order that prevents him from opining about witnesses, jurors and certain court staff in his hush money trial.
State Supreme Court Judge Juan Merchan said the “magnitude of such a decision is not lost on me” after he found Mr. Trump had violated the gag order for a 10th time. Previously, he fined Mr. Trump $1,000 each for nine violations of the gag order.
“It appears that the $1,000 fines are not serving as a deterrent,” Judge Merchan said. “Therefore, going forward this court will have to consider a jail sanction.”
“The last thing I wanted to do is put you in jail. You are the former president of the United States and possibly the next president as well,” the judge said.
Putting Mr. Trump in jail would be a complicated matter since Secret Service agents would have to join him.
Yet prosecutors have raised concerns about Mr. Trump’s comments at the courthouse and on social media about the jury and potential witnesses.
The defense says Mr. Trump, as a candidate for president, has a right to speak his mind.
Judge Merchan’s ruling faulted Mr. Trump for commenting on the nature of the jury pool during an April 22 interview on Real America’s Voice.
“The jury was picked so fast, 95% Democrats. The area’s mostly all Democrat,” Mr. Trump said.
Judge Merchan did not detail the 10th offense from the bench but has been particularly sensitive to any comments about the nature of the jury pool.
Mr. Trump, wearing a navy suit and red tie, sat stone-faced as the judge threatened to put him in jail.
He was joined by his son, Eric Trump, who sat in the front row next to Alina Habba, who represented Mr. Trump in recent civil cases. Eric Trump’s wife, Lara Trump, is a co-chair of the Republican National Committee.
Mr. Trump’s trial is entering its third week.
Prosecutors allege Mr. Trump and his lawyer at the time, Michael Cohen, criminally concealed a payment to porn star Stormy Daniels near the 2016 election through checks and business entries that triggered election and tax offenses.
Mr. Trump has pleaded not guilty to 34 felony counts of falsifying business records. He also denies having a sexual encounter with Ms. Daniels in 2006, as she alleges.