'Cutting him to shreds': Judge tells Trump’s attorney he’s 'losing all credibility'

New York Supreme Court Judge Juan Merchan heard arguments in court Tuesday morning without the jury present after prosecutors in District Attorney Alvin Bragg’s office accused Donald Trump of violating his gag order ten times, via posts on his Truth Social account.

Judge Merchan did not rule from the bench, but is expected to announce his ruling possibly as early as later Tuesday. Prosecutors asked for Trump to be held in contempt, and outlined four possible responses. Merchan refused one response but agreed three were possible.

Among them, Merchan might fine Trump and issue a stern warning that could threaten jail time if he violates the gag order in the future.

From the bench, Merchan had directed attorneys to create a timeline of events to show if Trump was reacting to what the ex-president’s attorneys called “attacks.”

“We’re gonna take one at a time, otherwise it’s going to get really confusing,” Judge Merchan said to Trump lead attorney Todd Blanche, as Lawfare managing editor Tyler McBrien reports. McBrien noted the judge “wants to get the timeline of these posts, reposts, and replies clear.”

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Trump’s attorneys appeared to suggest if his posts are “political” they should not be subjected to the gag order, which bars Trump from making “public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.”

“Blanche says that the witnesses are making money, documentaries, TV interviews about Trump, all while Trump is gagged and threatened with jail if he responds,” McBrien also reported. “Merchan wants to get into what was actually said rather than interpret and ‘read between the lines.'”

Blanche earlier had insisted Trump was aware of what the gag order requires.

“‘Just to set the record very straight and clear: President Trump does know what the gag order’ allows him to do and not do,” MSNBC contributor Adam Klasfeld reported.

One of the larger issues discussed appears to be Fox News segments made by host Jesse Watters. One aired hours before then-juror number two asked to be excused, saying they no longer felt they could be impartial.

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MSNBC’s Katie Phang posted this exchange between the judge and Trump’s lead attorney:

“Now, Merchan asks Blanche about what Jesse Watters, in fact, said.

Blanche: No.

Merchan: “So your client manipulated what was said and put it in quotes?

Blanche: I wouldn’t say it was a manipulation.

Merchan: This isn’t a repost at all. Your client had to type it out. Use the shift-key and all.”

It did not go well for Trump and his legal team.

At one point Judge Merchan told Blanche, “You’re losing all credibility.” McBrien reports when Merchan said that, “there was an audible gasp from the press.”

Former U.S. Acting Solicitor General Neal Katyal weighed in:

“This isn’t quite like watching a full blown car accident, but it’s certainly like watching a fender bender,” McBrien also noted.

“This is going very badly for Trump already,” reported Courthouse News’ Erik Uebelacker. “Judge Merchan is losing his patience with Blanche, who can’t seem to prove that any of Trump’s attacks are ‘responses.'”

Attorney George Conway went further: “Blanche is flailing. This is painful to watch. Merchan is cutting him to shreds.”

Continuing, Conway wrote (not in quotation marks) Merchan said: “I’ve asked you several times to show me the post that the defendant was responding to. You haven’t done so once.”

He called the judge’s remark “BRUTAL.”

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“Basically, Blanche is pretty much arguing there’s a ‘running for president’ exception to the gag order that has been specifically directed at the man running for defendant,” Conway adds. “Merchan now getting pissed at Blanche’s unresponsiveness and evasiveness.”

Klasfeld also characterized the exchanges as “brutal.”

“Merchan says he’s going to ‘reserve decision on this,’ after brutal arguments for the defense.”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in this New York criminal trial for alleged falsification of business records to hide payments of hush money to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which could be deemed election interference.