I will confess that there are at times a level of contempt expressed in my columns. However, today will be the first time that a column becomes a legal matter for contempt. Among the ten postings by former president Donald Trump being raised by Manhattan District Attorney Alvin Bragg in his contempt sanction is the use of a quotation from one of my columns.
In a hearing on the gag order Tuesday morning, Judge Juan Merchan reserved any final decision.
On April 15, Trump quoted my New York Post column from the day before titled “A serial perjurer will try to prove an old misdemeanor against Trump in an embarrassment for the New York legal system.”
Trump posted the title while attaching a link.
There is an interesting aspect to this controversy that captures the problem with Judge Merchan’s gag order.
In addition to continually appealing on television to oppose Trump’s election and to discuss his testimony in this case, Cohen has also lashed out against critics and coverage, including my own columns. I have been a critic of Cohen since the time when he was still working as counsel for Trump. Cohen has continued to attack some of us with vulgar postings while posting mocking pictures and attacks on Trump, including running commentary on the trial.
In one posting, Cohen posted an insulting attack on myself and others who have raised questions about the Manhattan case while objecting that he is entitled to the protection of the gag order because he is a witness. Only Michael Cohen would portray himself in terms of a witness simply trying to share evidence of a crime.
Cohen has raised money on being the antagonist of Donald Trump. He has cultivated his professional wrestling style as a type of trash-talking, chair-throwing thug to liberal cable programs. Judge Merchan has allowed him to use the gag order to shield him from criticism as he heaps abuse on Trump both as a candidate and a defendant. That includes, like Trump, responding to these very columns, including my own, on the case.
I have previously criticized these gag orders on constitutional grounds.
