Prosecutors on Tuesday accused Donald Trump of brazenly violating a gag order imposed by the judge presiding over his "hush money" trial to prevent him from intimidating witnesses.
"His attacks on witnesses clearly violate the order," prosecutor Chris Conroy told Judge Juan Merchan at a hearing called to determine whether the former president should be held in contempt of court.
"He knows about the order, he knows what he's not allowed to do, and he does it anyway," Conroy said. "His disobedience of the order is willful, it's intentional."
He urged Merchan to impose a maximum $1,000 fine for each post on Trump's Truth Social platform found to be in violation of the gag order and for the messages to be removed.
"We are not yet seeking an incarceratory penalty," Conroy said, but the court should "remind him that incarceration is an option should it be necessary."
Jailing Trump could potentially set up a conflict with the Secret Service, the federal policing body charged with protecting former and current presidents.
After hearing nearly 90 minutes of arguments from both sides, the judge said he would issue his ruling later.
Trump, 77, is charged with falsifying business records to buy the silence of porn star Stormy Daniels over a 2006 sexual encounter that could have impacted his 2016 presidential bid.
Prosecution witnesses are expected to include Daniels and Trump's former fixer Michael Cohen, who arranged the alleged $130,000 hush money payment to the adult film actress.
Merchan imposed a partial gag order on the Republican presidential candidate on April 1 ordering him not to publicly attack witnesses, jurors and court staff but Trump has repeatedly lashed out.
On Truth Social, Trump called Cohen and Daniels, for example, "two sleaze bags who have, with their lies and misrepresentations, cost our country dearly."
Trump's lawyers have attacked the gag order as a violation of the former president's free speech rights.
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