Former President Donald Trump on Thursday was ordered by a New York State Supreme Court judge to appear at a hearing in order to hear instructions on how to follow rules that bar him from using evidence to attack witnesses.
The Associated Press wrote that Judge Juan Merchan scheduled the May 23 meeting, which will be held over video, in order to “make clear” to Trump that “he risks being held in contempt if he violates” the rules.
The hearing is in connection to the criminal case in which Trump is facing 34 charges of falsifying business records relating to an alleged hush payment to adult film star Stormy Daniels before the 2016 presidential election. Trump pleaded not guilty to the charges and has denied any wrongdoing as well as having an affair with Daniels.
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Days before the indictment for Trump was announced, the former president posted an image on his Truth Social platform that showed himself holding a baseball bat next to Manhattan District Attorney Alvin Bragg’s head. Trump has also attacked Merchan on social media, claiming the judge “hates” him and was “hand-picked” for the case by Bragg.
On Monday, Merchan issued a protective order that prevents Trump from posting evidence on social media as well as requires certain evidence to be kept by Trump’s lawyers for him to review but restricts him from making copies of it.
Prosecutors had requested the order due to what they called Trump’s history of making “harassing, embarrassing, and threatening statements,” according to the Associated Press.
Matthew Barhoma, Los Angeles defense lawyer with Barhoma Law, P.C., told Newsweek that Trump will be told at the hearing that “he may be held in contempt if he violates” the court’s rules.
“So, inherently, it provides guidelines for Trump and defines grounds for a violation,” Barhoma said. “A hearing like this can be typical for everyday defendants. But for Donald Trump, it inherently presents issues. The judge called for a remote appearance from Trump, which is likely a good idea.”
“This type of hearing is unusual, but Trump is not a usual party. He plays by his own rules,” former federal prosecutor Neama Rahmani told Newsweek.
“Criminal contempt would punish him for violating the rules, and civil contempt would compel him to do so,” Rahmani said. “But contempt requires a judge who is willing to take the extraordinary step of sanctioning a former president, whether that be a monetary fine or imprisonment. So far, the judges who have dealt with Trump have been ‘all bark, no bite.’ We’ll see if Judge Merchan is any different.”
As for what kind of punishment could be leveled at Trump if he breaks the rules, Barhoma said the decision will likely be up to Merchan.
“If Trump is ever found in contempt, punishment varies, depending on the discovery order,” Barhoma said. “Typically, judges are afforded a wide latitude of discretion in exercising contempt power.”
Newsweek reached out to representatives for Trump via email for comment.