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Trump Fined for Attacking Court Staff and Held in Criminal Contempt Ten Times for Gag-Order Violations (2023–2024)

Two New York judges found that Trump repeatedly violated orders protecting court staff, witnesses and jurors from his public attacks. He was fined in the civil fraud trial and held in criminal contempt ten times in the hush-money trial.

Record summary

Grade

Grade 2 of 5: Major Abuse of Power

International crime

No international crime alleged

Executive actions that exceed constitutional authority, circumvent statutory constraints, or weaponize government institutions for political ends. Scale and definitions

Status
Concluded
Incident date
Record updated
Location
New York County Supreme Court, Manhattan
Category
Rule of Law
Legal posture
Judicial finding
ICC relevance
No
Sources
6 cited
Stable ID
gag-order-violations-criminal-contempt-2023-2024
Legal basis
N.Y. Judiciary Law §§ 750(3) and 751 (criminal contempt, adjudicated); the courts' inherent power to protect the administration of justice; ICCPR Art. 14. No international-crime characterisation is in play.
Posture note
Adjudicated: two civil-trial violations (Engoron, October 2023) and ten criminal-contempt violations (Merchan, April–May 2024). Trump was out of office throughout. Trump argued the orders violated his First Amendment rights as a candidate; the appellate courts left them in place during the trials.
Victims
Justice Engoron's principal law clerk and chambers staff; the Merchan court's staff, prospective and sworn jurors, and witnesses including Michael Cohen and Stormy Daniels; the judges' family members
Alleged responsible parties
Donald Trump (then a former president and presidential candidate)

Key points

  • Engoron imposed a gag order on 3 October 2023 after Trump shared a post attacking the judge's principal law clerk (CNBC).
  • Engoron found two violations and fined Trump $5,000 and then $10,000, finding his testimony about the second 'hollow and untrue' and warning that further violations could bring imprisonment (CNBC).
  • On 3 November 2023 Engoron extended the order to Trump's lawyers, writing that his chambers had been 'inundated with hundreds of harassing and threating phone calls, voicemails, emails, letters, and packages' since the trial began (CNBC).
  • Merchan's 26 March 2024 order barred Trump from commenting on witnesses, prospective jurors, court staff, prosecutors other than Bragg, and their relatives; Merchan called Trump's past statements 'threatening, inflammatory, denigrating' (CBS News; Decision and Order).
  • On 30 April 2024 Merchan found Trump in criminal contempt under Judiciary Law § 750(3) 'on nine separate occasions', fined him $1,000 per violation, ordered the posts removed, and warned he 'will impose an incarceratory punishment' if necessary (Decision and Order).
  • Merchan noted that $1,000 'will not achieve the desired result' against a contemnor who can easily afford it, so 'jail may be a necessary punishment' (Decision and Order).
  • In total Merchan found ten violations; during jury selection several prospective jurors asked to be excused, citing fears for their safety (CBS News).

What happened

The civil fraud trial (Justice Engoron)

On 3 October 2023, early in the New York Attorney General's civil fraud trial, Trump shared a social-media post attacking Justice Arthur Engoron's principal law clerk. Engoron barred the parties from posting or speaking publicly about his staff, while leaving them free to criticise him (CNBC). He found that Trump violated the order twice:

  • on 20 October, with a $5,000 fine;
  • on 25 October, after putting Trump on the witness stand and finding his explanation "hollow and untrue," with a $10,000 fine.

He warned that further violations could bring much more severe sanctions, including imprisonment (CNBC).

On 3 November Engoron extended the order to Trump's lawyers. He wrote: "My chambers have been inundated with hundreds of harassing and threating phone calls, voicemails, emails, letters, and packages," and "The First Amendment right of defendants and their attorneys to comment on my staff is far and away outweighed by the need to protect them from threats and physical harm" (CNBC). An appeals court paused the order in mid-November, and within about an hour Trump renewed his attacks on the clerk. On 29 November he attacked the judge's wife, Dawn Engoron, and after the order was reinstated on 30 November he posted messages he attributed to her; she said she had no such account (The Guardian).

The criminal trial (Justice Merchan)

On 26 March 2024, in the Manhattan case charging him with falsifying business records, Justice Juan Merchan barred Trump from commenting on witnesses, prospective jurors, court staff, prosecutors other than District Attorney Bragg, and their relatives. Merchan described Trump's earlier statements as "threatening, inflammatory, denigrating." He noted that they had caused "fear on the part of the individual targeted" and required "increased security resources to investigate threats and protect the individuals and family members thereof" (CBS News). That morning Trump had posted about the judge's adult daughter. When the attacks continued, Merchan expanded the order on 1 April to cover the families of the Court and the District Attorney, finding that Trump's rhetoric "injects fear in those assigned or called to participate in the proceedings, that not only they, but their family members as well, are 'fair game'" (CBS News; Decision and Order). The Appellate Division refused to stay the expanded order.

Prosecutors moved for contempt over ten posts and statements. On 30 April 2024 Merchan found that the elements of criminal contempt were proven beyond a reasonable doubt for nine of them. He held Trump in criminal contempt under Judiciary Law § 750(3) "on nine separate occasions," fined him $1,000 for each, and ordered the posts removed. Noting that the statutory maximum fine "will not achieve the desired result" for someone who can easily afford it, he warned: "the Court will not tolerate continued willful violations of its lawful orders and… if necessary and appropriate under the circumstances, it will impose an incarceratory punishment" (Decision and Order). He later found a tenth violation, bringing the total to ten. During jury selection several prospective jurors asked to be excused, citing fears for their safety (CBS News).

Upgrade check. No international crime is in play.

Elements of criminal contempt (N.Y. Judiciary Law § 750(3)), as found by Justice Merchan:

  1. A lawful, clear court order. Found. The Appellate Division declined to stay it.
  2. Knowledge. Found. Trump was served and present in court.
  3. Wilful disobedience. Found beyond a reasonable doubt for nine posts. The tenth followed later.

Engoron's second civil-trial finding followed a hearing at which Trump himself testified.

Effect on the administration of justice. Engoron recorded hundreds of threatening communications to his chambers. Merchan recorded the security burden and fear among participants, and prospective jurors cited safety concerns. The harm to identifiable people (the clerk, jurors, witnesses) is documented by the courts, though no physical attack was recorded in these sources.

Strongest defence argument. Trump was a leading presidential candidate. Orders restricting what he could say about trial participants restrained core political speech, and the cases were themselves, in his view, politically motivated. The courts addressed this directly. Both orders left him free to attack the judges and the District Attorney, and limited only speech about staff, jurors, witnesses and families. The appellate courts kept them in force.

Why this grade

Major. These are adjudicated, repeated violations of court orders, ten of them criminal contempts, aimed at people whose protection the administration of justice depends on, together with a documented wave of threats against court staff. Trump held no office, so major's anchor of abuse of official power does not apply literally; the grade follows the archive's treatment of his other criminal adjudications from this period (the hush-money conviction is also major), and sits above the unadjudicated 2023 threats against prosecutors (significant) because here a court found the violations and recorded hundreds of threats. It is not severe, because the concrete rights harm to identifiable people is shown mainly for the Engoron clerk and chambers, and not critical, because Trump was not exercising state power to defy the courts. This entry may be read with the second-term attacks on the judiciary, which show the same pattern from inside the executive. No warCrimeClassification is given.

International law engaged

InstrumentProvisionWhat it protects or prohibits
International Covenant on Civil and Political RightsArticle 14(1)Right to a fair and public hearing by a competent, independent and impartial tribunal, which depends on courts, staff, witnesses and jurors being free from intimidation

Sequence of events

  1. Engoron gag order after attack on law clerk

    Trump shares a post attacking the judge's principal law clerk; Engoron bars parties from posting about his staff (CNBC).

  2. First fine: $5,000

    Engoron fines Trump for the first violation (CNBC).

  3. Second fine: $10,000

    After putting Trump on the witness stand, Engoron finds his explanation 'hollow and untrue' and fines him $10,000 (CNBC).

  4. Order extended to Trump's lawyers

    Engoron cites 'hundreds' of threatening communications to his chambers (CNBC).

  5. Appellate court reinstates the civil-trial gag order

    After a two-week pause, the order is reinstated; Trump attacks the judge's wife before and after the ruling, and the clerk the day before (The Guardian).

  6. Merchan imposes gag order in criminal case

    The order protects witnesses, jurors, court staff, prosecutors and their relatives; the same day Trump posts about the judge's adult daughter (CBS News).

  7. Order expanded to family members

    After Trump's continued attacks on the judge's daughter, Merchan extends the order to family members of the Court and the District Attorney; the Appellate Division denies a stay on 9 April (Decision and Order; CBS News).

  8. Criminal contempt on nine counts

    Merchan fines Trump $9,000 and warns of jail (Decision and Order).

Sources

  1. People v. Trump, Decision and Order on People's Motion for Contempt (Merchan, J., 30 April 2024) — New York Supreme Court, New York County (via Internet Archive)
  2. Judge imposes gag order on Trump in New York hush-money case — CBS News
  3. Trump asks to have gag order lifted in New York criminal trial — CBS News
  4. Trump rails against judge who fined him $15,000 in NY fraud trial — CNBC
  5. Judge in Trump NY fraud trial extends gag order to lawyers, says office has received 'hundreds' of threats since trial started — CNBC
  6. Trump attacks wife of New York judge after gag order reinstated by court — The Guardian

How this record was published

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