Judge to decide whether to hold Trump in contempt
Former President Donald Trump's New York hush money trial continues on Tuesday as former National Enquirer publisher David Pecker again takes the witness stand.
But Pecker's testimony could easily be overshadowed by a hearing taking place outside the presence of the jury.
Judge Juan Merchan will also hear arguments on whether Trump violated a gag order. Prosecutors claim Trump violated an order by Merchan that limits what Trump can say about the case, including potential witnesses, jurors, and the family of the judge.
In a court filing, prosecutors say Trump violated the gag order multiple times by posting disparaging comments involving potential witness Michael Cohen, who served as a former attorney for Trump.
"A serial perjurer will try to prove an old misdemeanor against Trump in an embarrassment for the New York legal system," Trump wrote on Truth Social with a link to a New York Post story that had a photo of Cohen, prosecutors said.
The Trump presidential campaign website also had a similar post about Cohen, the filing said.
"Defendant violated those restrictions by making or directing to be made the social media posts and posts on the campaign website described above," the prosecutor's filings said. "The posts unquestionably relate to known witnesses and prospective jurors in this criminal trial. "
SEE MORE: 1 in 3 Americans think Trump acted illegally in hush money case
Trump has claimed that the gag order violates his free speech rights.
“The gag order has to come off. People are allowed to speak about me, and I have a gag order, just to show you how much more unfair it is," Trump said.
If Merchan finds that Trump has violated the gag order, he can issue a $1,000 fine per violation. If Merchan says that Trump willfully violated the order, he can put Trump in jail for up to 30 days.
The gag order hearing will be held before Pecker testifies. His testimony on Monday was cut short after 20 minutes as court adjourned by 12:30 p.m. ET.
Manhattan District Attorney Alvin Bragg alleges Trump tried to conceal an "illegal scheme to influence the 2016 presidential election" by trying to cover up extramarital affairs. Bragg claims Trump falsified records to hide payments to Cohen that were meant for porn actress Stormy Daniels and Karen McDougal, as well as a former a former doorman at Trump Towner.
Prosecutors have alleged that Pecker was involved in the alleged scheme by performing "catch and kill" on stories that could have damaged Trump's reputation.
Prosecutors said Trump used Cohen to buy the McDougal story from National Enquirer's publisher AMI. Prosecutors say the Trump Organization then paid Cohen in monthly installments and a year-end bonus check.
Trump faces 34 felony counts for falsifying business records.
