'Hard to maintain with a straight face': Legal experts on Trump lawyer's gag order defense

NEW YORK, NEW YORK - APRIL 15: Former U.S. President Donald Trump speaks to the press as attorney Todd Blanche (R) looks on upon arrival for the first day of his trial for allegedly covering up hush money payments at Manhattan Criminal Court on April 15, 2024 in New York City. Former President Donald Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by Angela Weiss - Pool/Getty Images)

Donald Trump's defense to accusations that he violated a gag order in the hush money trial left legal experts smirking Tuesday.

According to Trump's lawyer, Todd Blanche, the former president understands the gag order and hasn't violated it.

That comment led former federal prosecutor Joyce Vance to e-chuckle.

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"Hard to maintain this with a straight face," she posted on the social media site X.

In a special hearing Tuesday, Judge Juan Merchan heard about 10 violations prosecutors say Trump has made to the order since his hush money trial began last week. The order is intended to protect jurors and witnesses from intimidation by Trump.

Attorney George Conway characterized Blanche as arguing that, because Trump is running for president, he should have an exception to the gag order.

"Merchan now getting p---ed at Blanche's unresponsiveness and evasiveness," Conway relayed.

Read Also: Trump skirts gag order with repeat attack on daughter of judge in hush money case

Blanche argued that Trump has no ability to defend himself as people are attacking him, Lawfare's Tyler McBrien stated.

Host and legal analyst Katie Phang also remarked that Blanche made a critical mistake at one point.

She pointed out the moment that the judge asked for case law to verify his opinion.

"I don't have any cases. It's just common sense," Blanche responded.

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Phang posted: "Katie's Sidebar: DON'T do this in court."

Trump's lawyers tried to claim that Trump was reposting what others said, and that didn't violate the gag order. Merchan didn't buy it.

The judge asked about a Jesse Watters quote that Trump posted on Truth Social. Merchan asked if Watters actually said what Trump quoted.

"No," Blanche replied.

"So your client manipulated what was said and put it in quotes?" Merchan asked.

Blanche replied: "I wouldn't say it was a manipulation."

"This isn't a repost at all. Your client had to type it out. Use the shift-key and all," the judge explained.

It was at that point that the judge told Blanche he was losing credibility.

Rubin quipped that the exchange showed just how badly the hearing was going for Trump.

Trump could face a fine of up to $1,000 per violation, or up to 30 days in jail. Merchan hasn't not yet made a ruling.

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