Takeaways from Trump’s trial: Lawyers argue gag order, David Pecker testifies

The first 90 minutes in the courtroom on Tuesday morning were spent arguing over whether Trump had violated the court-issued gag order, which bars him from attacking witnesses, prosecutors or family members of the judge and the Manhattan district attorney. The jury was not present for the hearing.

Prosecutors said he violated it 10 times in about a week. Trump’s lawyer, Todd Blanche, said the former president is aware of what the gag order prohibits him from saying and that his posts do not violate the order. The defense lawyer continued that Trump’s postings about the potential witnesses are in response to political attacks against him — an assertion that didn’t go over well with the judge.

Merchan did not immediately rule on the issue, but it appears prosecutors will win this point (see more on this below). Prosecutors said they want the judge to hold Trump in contempt of court and fine him $1,000 per violation — and to remind the former president that “incarceration is an option” if he continues to violate the gag order.