Appearances at Donald Trump hush money trial by North Dakota Gov. Doug Burgum, Florida Rep. Byron Donalds, failed presidential candidate Vivek Ramaswamy, House Speaker Mike Johnson of Louisiana and Florida Rep. Cory Mills could lead to the GOP lawmakers being hauled into court by Judge Juan Merchan.
That also includes Sens. Tim Scott (R-SC), Tommy Tubervillle (R-AL) and J.D. Vance (R-OH) who made cameo appearances along with speeches on Monday.
On Tuesday, the Republican cheering section which attended the trial as a show of solidarity with the embattled president accused of paying off an adult film star to keep her mouth shut before the 2016 presidential election, later made statements that could be construed as being violations of Trump's gag order.
Several off them attacked witness Michael Cohen and the daughter of the judge. Both are off bounds for Trump, and the order also prohibits people commenting on his behalf.
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Reacting to news that New York Magazine's Andrew Rice spotted Donald Trump editing remarks for at least one lawmaker attacking the court proceedings before the press, former federal prosecutor Eric Lisann claimed prosecutors from Manhattan District Attorney Alvin Bragg's office have every right to subpoena the Republicans.
On X, he wrote, "Trump not denying that he is directing others to speak in ways that are violations of the gag order - which is a violation of the gag order. The judge, Justice Merchan, can order Trump to show cause why he should not be held in contempt. The DA can request that also. Subpoenas could go out to Scott, Vance, and Tuberville. But they think it would be a distracting circus and it could well be. That doesn't mean though it is less problematic than doing nothing."
Hours later Lisann expanded the scope of the inquiry by writing: "Direct evidence of contempt: Journalist Andrew Rice tells Alex Wagner that he, literally, saw over Trump's shoulder that Trump was editing remarks (such as attacking Merchan's daughter) that his declared surrogates for the day (Donalds. Ramaswamy, Burgum) later parroted. So he thus has direct testimonial evidence of Trump violating the gag order provision that he is not to cause others to make statements that he himself is prohibited from making."
"The case can be proven. Give Rice a subpoena and hold the show cause hearing. Will it be a circus and go up on appeal? Is that something to fear such that Trump's behavior must be indulged at all costs, making a mockery of the proceedings?" he continued.
The attorney then went on to note, "On 11th Hour, Tuberville's recorded comment is played that he went to Trump's trial to help him overcome the gag order. Speaker Johnson is also quoted from the trial, attacking Justice Merchan's daughter in Trump's language."
On Tuesday, CNN's Kaitlan Collins directly asked Burgum if he's been asked by Trump to attack the judge's daughter.