In the historic criminal trial of former President Donald Trump, the first order of business on Tuesday will be a hearing regarding social media posts that prosecutors argue violated a gag order issued by New York state Judge Juan Merchan. The district attorney’s office is seeking a $1,000 fine for each of the 10 posts the prosecution says violated the order, as well as an order for Trump to remove the posts from his Truth Social platform. Trump’s attorney contends that his client has not violated the order, and a ruling on the prosecution’s motion could come as early as Tuesday.

The hearing will be followed by further testimony from David Pecker, the former publisher of the National Enquirer, who was the first witness called by the DA’s office. Prosecutor Matthew Colangelo stated that Pecker, Trump, and Trump’s lawyer at the time, Michael Cohen, conspired to suppress scandalous stories about Trump during his 2016 presidential campaign. Pecker is expected to detail his relationship with Trump and the alleged conspiracy on Tuesday.

Pecker was instrumental in alerting Cohen to the news that adult film star Stormy Daniels was planning to come forward with a claim of a sexual encounter with Trump in 2006. Trump denies her claim, and Cohen ultimately paid Daniels $130,000 to sign a nondisclosure agreement. Prosecutors allege that Trump falsely claimed his reimbursement to Cohen as legal payments. Trump faces 34 counts of falsifying business records, a low-level felony, and could face up to four years in prison if convicted. He has pleaded not guilty.

The contempt hearing scheduled for Tuesday will center around prosecutors’ allegations that Trump willfully violated the gag order with repeated posts on Truth Social. These posts included calling Cohen and Daniels “sleaze bags” and linking to a New York Post story labeling Cohen a “serial perjurer”. The gag order prohibits Trump from making public statements about known or foreseeable witnesses in the investigation or criminal proceeding. Trump’s attorneys argue that the posts did not violate the order as he was sharing content from others and that the order allows Trump to defend himself from attacks. Judge Merchan has indicated that he does not believe his order makes such an exception.

The day in court on Tuesday will begin with the proceedings regarding the potential contempt charges against Trump for violating the gag order. The outcome of this hearing could have significant implications for the rest of the trial. Following the hearing, the jury will hear further testimony from David Pecker, who is expected to provide more details about the alleged conspiracy between Pecker, Trump, and Cohen to suppress scandalous stories about Trump during his presidential campaign. Pecker’s testimony will shed more light on the inner workings of the alleged scheme and how it impacted the 2016 election. Overall, Tuesday’s proceedings are expected to be crucial in determining the direction and outcome of the trial.

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