good morning. it's 11:00 a.m. eastern, 8:00 a.m. pacific. i am josé diaz-balart. we begin with breaking news in lower manhattan, and the case is in recess. farro was a banker that worked with cohen. earlier this morning the judge found trump in contempt of court fining him $9,000 for nine violations of the partial gag order imposed on him, and threatened to put trump in jail

if he continued to violate that order. with us to talk about this, nbc news correspondent, vaughn hillyard, and maya wiley, and david marcus, a criminal defense attorney and a professor at the university of miami school of law. vaughn, get us up to speed as to what comes next. there's a pause, right? >> reporter: right, they are currently in the morning recess. gary farro, who was the former first republic banker that worked with michael cohen to set up the account for the llc that was operating as the pass through for michael cohen to get the home equity line of credit to the attorney for stormy daniels, and that took place just before the 2016 election, and that banker that worked with michael cohen is off the stand. they are now in morning recess.

it's not clear who the next witness is that the prosecution is going to bring here to the stand. gary farro, notably, when answering questions of the defense team under cross-examination testified he never was aware of donald trump directly ordering any of the accounts to be set up or for any money to specifically be transferred. instead it, he viewed it as he was directing with michael cohen as an independent entity. this is for the prosecution on the other hand, and also a witness, though, who was able to corroborate and authenticate a great amount of evidence, like emails on october 26th and 27th, in which farro, the banker says, michael cohen had urgency for creating the account, and not only transferring from his home

equity line of credit that afternoon and the following morning ensuring from that new account they were able to initiate the wire transfer of $131,000 to daniels' attorney, and he authenticated the emails ensuring that transaction would take place in a timely fashion, josé. >> and then bring us up-to-date with the gag order violations. >> reporter: it's not clear if the judge was going to rule on donald trump violating the gag order he put on him at the beginning of the trial, and he ruled nine of the ten social media posts the d.a.'s office brought to him was violations of the gag order, and fining donald trump $1,000 for each of the social media posts. he ordered donald trump to

remove those posts by this afternoon. he noted as part of his order that he wished he had the discretion to change the fine amount, understanding for not all individuals held in contempt, a $1,000 fine could be necessary for violating the gag order, and he said he could potentially foresee using jail time as a punishment against donald trump to keep him from violating his gag order moving forward. one other note, when it comes to the violations, there's questions of whether judge merchan would rule that a repost of somebody else's post attacking, for instance, michael cohen, necessitated the determination that that was a violation of the gag order. judge merchan, i want to read you this part of his order. there can be no doubt whatsoever that the defendant's intent and

purpose when reposting to communicate to his audience, he reposts those as thoughts of his own. there will be another gag order hearing over other potential violations the district attorney in alvin bragg's office says violates that gag order. >> is it like a system by which you say, you know, and the judge said, i wish i had the possibility of increasing those fines, right, to $1,000. is it that on thursday he could decide to increase that? how does that work? >> yeah, first, let's just say -- i think this is really important to understand. there's a statute that the judge is paying attention to that says the court has to protect judicial proceedings and the respect for the mandate of the

court, the orders of the court. just remember, donald trump was not ordered to be silent about the case. he was only ordered to not speak about witnesses, jurors, court personnel or their families. in other words, the other things donald trump has run out and done in other cases and has done in this case, and so essentially what we are seeing is the judge saying i am going to take a reasonable step of fining you the maximum that i am allowed, which is $1,000 per instance that you violated my order. remember, he did, i think, 9 out of 10. he didn't find all of them in contempt. but the point in the message he's sending is, look, don't keep doing this, and if i could i would charge more, i would fine you more, but the reason is because i am trying to tell you -- give you all the

disincentives to disrespecting this court and disrespecting the process, disrespecting the orders in order to say get in line and just do what is right here. what he's also saying is i have more i can do, and i will if you make me. it's that simple because he can't just -- he can keep fining him $1,000 each time he does it, but his point, i think, is pretty clear, which is donald trump is a wealthy man, so $9,000 may not be disincentive to somebody who has all the money that donald trump tells us all the time that he has. >> so david, right now there's a break for the jury, but the prosecution and the defense is meeting with the judge now, and among the things that the prosecution is asking for is -- it's interesting, because he says here that, you know, they want supplemental sandoval

notice for trump specifically. what does that mean? >> what they are saying is they want to be able to cross examine trump on these violations of the gag order. the prosecution has to be careful about over playing their hand. because trump wants chaos. that's what he's playing on and hoping for. the $9,000, that's not even a slap on the wrist but more like a pat on the back. what the prosecution is saying is we want to cross examine trump on this, and the prosecution has to be careful about over playing its hand and saying we want to use all this stuff for cross-examination to show the jury, and i am sure trump is loving it. >> he would have to agree to be a witness on this? >> correct. what the prosecution is saying, if he's a witness we want the ability to cross examine, and in new york the judge has to rule on that in advance to him taking

the stand so the prosecution knows what is fair game and what is not fair game. >> there will be a hearing on possibly four more gag violations. what does it mean? >> we will find out if there are more fines or if the judge will feel it necessary to take a more necessary step and find some way to sanction donald trump that has him sitting in the back of the courtroom and not the front. there are all kinds of ways the judge can put him in a form of contempt that reduces how and where he's positioned in the courtroom. to david's point, part of what the prosecution may be doing here is saying we actually want to make sure you know you keep talking out here, we're actually going to be able to cross examine you on the stand on the things you are saying like the fact that he's out here saying,

hey, it was just a business transaction. it was not mine. michael cohen just did some things, he does a lot of things for other people. that goes straight to donald trump's intent and what he did and did not do. i wouldn't say that would be an overstep in that instance, and at the same time it's a warning to donald trump, you do have other reasons why you might want to be careful about what you say. >> david, i know you know a lot of the people involved in the trial as well as the other trials upcoming for the former president trump, blanche, specifically, he's right now there fighting in the whole issue. how would you describe that legal team the former president has in this case? >> todd is a great guy and a friend. he's doing everything he can, and i saw there were leaks this weekend about trump being unhappy. >> with blanche? >> with blanche. it reminds me of the story for

the scorpion and the frog, and the scorpion asked for the ride across the lake, and the frog thinks will i get stung, and of course, not, we will both drown, and the frog asked why, and the scorpion said it's in my name. i feel for todd. he's in a very, very difficult position. >> what teeth does the judge have on gag order violations going forward? is it always going to be another thousand, another thousand, or jail? or moving him? >> moving him is an option. i don't think the judge will do that. trump wants to be put in jail. he wants the chaos, and he wants the judge to take that step so he can complain. it's like the graduation thing. he was better off when the judge was saying you can't go to graduation, and this morning the judge said you can go, and now

trump can't complain about that. trump is pushing for a break point where the judge has to put him in jail. trump will not stop based on a couple thousand dollars. i guarantee that. we are taking a break, and we will take a look at who could be next on the stand. what trump told one magazine what he would do if he won the election. you're watching "josé diaz-balart reports" on msnbc. s. designing all-inclusive experiences for the thinking person. viking - voted world's best by both travel + leisure and condé nast traveler. learn more at viking.com. liberty mutual customized my car insurance and i saved hundreds. that's great. i know, i've bee telling everyone. baby: liberty. oh! baby: liberty.

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currently in the room as this debate is taking place with judge merchan. they believe the defense is going to open the door during this trial in front of the jury in which they question the veracity and credibility of stormy daniels and michael cohen specifically, and they are profiting off their attempts to get donald trump, or that they are somehow using this and the indictment against him in the trial for their own benefit. what the prosecution is attesting to the judge is that they should be able to bring evidence forward to the jury that counters not only that narrative that they believe the defense team will try and use against their key witnesses, but they also believe that this evidence, in defense of these

witnesses, stormy daniels and michael cohen, can help show a consciousness of guilt on donald trump's part, essentially making the case that, look, donald trump is attacking them for x, y and z reasons because he knows they are telling the truth about them and he's trying to intimidate and undermine their credibility with the jury because he knows they know the truth about him and he doesn't want them to testify, and his best path to undermining them with the jury. this is going to be determined by judge merchan, the extend to what evidence can be brought forward if the defense does attempt to make that case in front of the jury. >> "the new york times" is reporting on how the former president repeatedly complained

about blanche, and how he has not been following his instructions closely and has been insufficiently aggressive, and he wants him to attack the witnesses and the judge. how do you square this with what your client wants versus what your responsibility and role has to be as an attorney? >> it's difficult, right? because you have an obligation to do what you believe is best for your client, where you have a high-profile client saying he wants something different. trump knew what he was doing when he hired todd. he is a well-known prosecutor, and he's not a guy that will go in front of the cameras or wave his fist around, and people thought trump wanted a different kind of lawyer to be running his

team, and todd is running all the cases, these three different cases, and he's in a difficult position because he needs to do what he thinks is best for the case and make the client happy. a tough spot he's in. >> blanche had to have known who his client is and how his client has acted and continues to act. i am just wondering how does the attorney team deal with a client like that? also, if trump does get what he wants, how does the prosecution handle a different style of lawyering? >> well, look, i think this prosecution team has some real experience knowing how donald trump directs his lawyers as well. the prosecution just has to keep their eyes focused on the evidence it's putting before the jury. to david's point, in this case, look, donald trump has been

donald trump and has not changed one iota. one of the reasons donald trump is presumably picked his defense team because he knows they are winners, and he has a high degree of confidence in his own ability to decide how that winning happens. if you go into surgery, you don't want to be telling the surgeon how to do the surgeon's job, and this is no different. but like a surgeon might do if you are having a dispute with a patient, can you say, look, this is why you hired me and this is what i am here to do and it's my best advice and i will do my job. at some point donald trump will make a decision if he wants to keep working to the attorneys on his team, but he would be ill-advised to not take the advice of a seasoned legal team

like his current team peufplt you are well-known as being at the top of your field, the top of your game. i know that actually the former president reached out to you at some time. can you tell us what that was like? >> yeah, we met and we talked about me coming into the case, and i decided not to for certain reasons. the greatest criminal lawyer of the 20th century used to tell his clients, he was like a surgeon that he would put them to sleep at the beginning of the case and wake them up at the end and tell them they won. donald trump is telling them to take on certain things in the opening statement, and i was surprised blanche's opening statement took on so many different issues in the case, and trump may have violated the good book but not the legal

book. trump is fighting on every single possible thing, and that's what todd had to open on. >> what do you takeaway from that meeting with trump? >> well, i take away that he's very involved in the case. i will not speak about the specifics of it. i can't. he wants to be involved. he is involved in the defense. that's okay. your client should be involved. it's their life. it's difficult to tell them to go to sleep and wake them up at the end of the surgery, and as the lawyer you need to do what is right or you will lose control or the case. you are there for a reason and if the lawyer doesn't trust you, if the lawyer doesn't trust you to do the good thing and the right thing, then it's not a good match. >> big question, of course, who is the frog and who is the scorpion. >> that's right. we are expecting the jury to come back into the courtroom any minute now. we will get more on what comes next in the trump hush-money trial. you see live pictures there from

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is already on the been were. it looks like this resuming of the court is going to occur any second now. meanwhile, i want to show you reaction, and new reaction this morning after pro palestinian protesters took over a campus building overnight at columbia university in new york. tensions are high on college campuses across the country, and speaker johnson is expected to announce an investigation into anti-semitism on college campuses that. >> reporter: students entered hamilton hall last night around 12:30 a.m. they used metal gates, furniture and zip ties to barricade and lock themselves inside. since then the university has

essentially been on lockdown. this gate here is the only way in and the only way out. no nonstudents or essential faculty can get in. i spoke to several faculty members, because they are not essential they cannot access their own offices. some students agree with the protesters and backed them over the weeks and months as they have led these different actions, and others agreed with them on some of their claims saying it was frightening for them to see what transpired last night and they were uncomfortable with how far things are gone. we heard from the white house, and president biden saying he respect the right to free expression, but taking over buildings are wrong, and hate speech has no place in america. we are doing our best to get in contact with the students inside, josé.

>> breaking into this hall happened, what, more than 12 hours after supposedly everybody was supposed to not be there. we saw them breaking windows, and they cordoned off that area and put barricades up there? >> reporter: that's right. it came as a shock to everybody in the columbia broader community here. if you speak to some people who have been watching these protests, and some faculty members who have spoken to the protesters and visited the encampment every day, and they saw the escalation. we were here quite late and you could feel something in the air, and we didn't know what. it was clear after the 2:00 deadline, not hearing anything from the faculty, and seeing the police center, it was clear they were making a next move, and it was modeled in a historical

fashion, and there are protests going back to the '60s, '70s, and '90s where there were protesters that took over the hall, and these students are clearly taking these actions to try and draw a parallel between that period in the '60s and the anti-war movement then, and now, josé. >> we are talking about commencement ceremonies and wrapping up a year for so many students. what is their lives like? what are their lives like? >> reporter: well, for the students right now, they are essentially stuck in their rooms, and especially some jewish students have returned home and are using virtual options to stay engaged in the campus, and graduation is may 15th, and it's still several days away now. it's becoming an hour by hour

situation. i can tell you the president made clear yesterday is that the future plan is to make sure commencement was going forward. this is an international community here. columbia students come from all over the world, and many undergraduates, in 2020, they missed out on high school graduations, and they were so seriously distanced it was not the same. people want those photographs and memories, and how do you balance the protest that has seen no sign of stopping or end in sight with the reality so many people want to have that moment in a few days, josé. >> antonia, thank you so much. i want to go back in the courtroom in lower manhattan. the former president is back on

the stand -- not on the stand but the desk there, and the prosecution and defense team and judge is there. is the jury there? >> reporter: the jury was just welcomed back in. i am checking the notes in real time, josé, and this is why this trial may take a little while. per judge merchan, they are taking off the friday before memorial day because a juror had a flight planned for weekend plans. this trial may be taking a little while. we except an additional witness now that the former first republic banker left the stand. we expect a new witness to take the stand here, josé. >> i understand the people called dr. robert brownen, a professor of political science and of communication in the brian lamb school of

communications in purdue. that's what we are seeing right now in that courtroom. vaughn, we were talking about this over the weekend, how extraordinary it is that you are able to give us almost second-by-second reporting of what is going on in that courtroom. we are doing that because of the extraordinary team that we have inside the courthouse that are giving us every single detail. >> reporter: right. i think in realtime the audience at large is all following what is happening on the outside here with us in realtime and what is happening inside, and that includes trying to figure out, if i may, who this witness is. god bless robert browning is, and i am not sure who he is. i want to be real. here we go. robert browning is the head of c-span archives.

what does that mean for this trial, josé? we will find out, and let's get back to you in a moment here once we have a better understanding of what perhaps the district attorney's office would like from the c-span archives that perhaps dr. robert browning will be able to provide. >> browning, it's a different browning, but i will find out who this one is in just a minute. vaughn, stay with us. we will track the developments. we will take a short break and be right back. you're watching "josé diaz-balart reports" on msnbc. p. plaque psoriasis. she thinks her flaky gray patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. allison! over here! otezla can help you get clearer skin and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing otezla for over a decade. otezla is also approved to treat psoriatic arthritis.

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36 past the hour. we are following developments out of trump's new york criminal trial, which is back now underway, and back to robert browning of the c-span archives is on the stand at this time. i want to bring in the chief impact officer of 1063 west broad, a consultant, and a senior political contributor. matthew, when trump is not in court, he has rallies in different places like battleground states, michigan, wisconsin, and now that he's spending so much time in the courtroom, how does this play into the calculous of where he

goes or doesn't go? >> i don't think donald trump ever strategically traveled, and many times he's not traveling for campaigns, but he's golfing or doing something else like having a party at mar-a-lago. visits on presidential campaigns are overestimated these days on the impact they actually have. they become national campaigns and your national voice is way more important than going to grand rapids and having a serious impact on michigan. what you might say in california might have as much impact on what you might say in grand rapids. it doesn't seem to have that much impact on this race in the battleground states. we have a very competitive race. it's likely within a point or two either way no matter how you look at the race. i think in the -- in the most

pointed way is this is a national campaign and it's going to be played out nationally, even though the electoral colleges will ultimately decide the race. >> you know, in a long interview with "time" magazine, trump said all kinds of things, but specifically he said he would rely mostly on the national guard to remove undocumented migrants from the country, quote, and if they were not able to, then i would use other parts of the military. this is such an issue that trump repeats over and over again. in the "time" magazine interview, he said in his plans, it was to build new migrant holding centers so that millions of people could be deported. i am wondering, is this -- clearly the former president thinks so -- a winning strategy? >> the saddest thing is that for the extreme right base that he

has, it does help him. but for people that want comprehensive immigration reform, and we know it has been hard for any president to solve, this is not the way they want to approach immigration. the reality here is that donald trump is making it very clear he wants to weaponize the federal government with anybody he disagrees with or does not like. people who believe folks have the right to migrate and for refuge, they should be concerned. he made these comments about protesters or anybody that disagrees with him. donald trump will figure out how to do it and do it more egregiously than he describes in that interview. >> it raises questions when you hear trump as a candidate saying

that migrants poison the blood of america, and in this interview with "time" he also said that he would immediately go back to building the wall. he would reinstitute title 42. he would reinstitute remain in mexico, and all of these things he had as his policy during his administration would be repeated, and, i guess, put on steroids. matthew, what are your thoughts as far as what he thinks this will get him politically? >> he appeals to the worst instincts of the american republic. i can't believe that we are having this conversation in this time and in this age and in the 21st century or the 22nd century or whatever we are in, the 21st century. didn't we learn our lesson with the chinese exclusion act, and

didn't we learn our lessons through the trials and tribulations through the civil rights movement and the movement against irish and jews, that donald trump appeals to the instinct, and what donald trump is saying is let's not lock up people from sweden or norway or belgium or somewhere like that. let's lock up people and let's do this to people that don't look like you, and when he says don't look like you, he's talking to white people. i can't believe that we are still having this debate, but it's in the soil of the american republic, and we made this tragic mistake before, and donald trump is appealing to the worst -- the worst of america. >> thank you both so very much. appreciate it. up next, we will go back to the trump trial in new york city where the executive director of c-span archives is on the stand.

so maybe a lot of us are wondering, okay, so this is dr. browning, the current dr. browning. why is he talking on the stand about c-span? we will try and figure that one out. overseas, prime minister netanyahu issues a new warning for gaza while secretary of state blinken is in the middle east to broker a cease-fire deal. you're watching "josé diaz-balart reports" on msnbc. m. come on. i already got a pneumonia vaccine, but i'm asking about the added protection of prevnar 20®. if you're 19 or older with certain chronic conditions like asthma, diabetes, copd, or heart disease, or are 65 or older, you are at increased risk for pneumococcal pneumonia. prevnar 20® is approved in adults to help prevent infections from 20 strains of the bacteria that cause pneumococcal pneumonia. in just one dose. don't get prevnar 20® if you've had a severe allergic reaction to the vaccine or its ingredients. adults with weakened immune systems

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45 past the hour. new today, israeli's prime minister netanyahu vowing to launch a new operation in the southern gaza city of rafah, where more than a million palestinians displaced by the war are currently sheltering. antony blinken is in jordan trying to broker a new cease-fire deal. and then there are images of a floating pier delivering much-needed humanitarian aid. what are you hearing from officials and the secretary of state in jordan, what is that all about? >> reporter: both the u.s. and israel are saying there's an offer on the table right now that could lead to an immediate cease-fire in gaza if hamas will take it. this offer includes according to

israeli, arab and western officials, in response israel would agree to a 40-day cease-fire and the release of potentially thousands of palestinians prisoners. negotiators were in cairo yesterday, and they will look at the proposal and give a response. antony blinken is trying to get the cease-fire deal over the line. he's in jordan now and is heading to israel later tonight. his diplomatic task made more complicated from the repeated threats by netanyahu, saying they will move into gaza, and

the biden administration said it will not support such an operation. >> you spoke with a hostage's husband? >> reporter: yeah, they were taken on october 7th, and keith is still being held there. i asked aviva when i saw her, what was the last thing you said to your husband in gaza before you were separated? take a listen. >> that he must be strong for me and i will be strong for him, and we hugged. then i left him. it's very difficult for me to think about keith being alone, without me. >> reporter: that is just one of many, many families, josé, in both israel and gaza who are hoping that this diplomacy will come together and there can be a cease-fire deal to get the

hostages out, and to get badly-needed humanitarian aid in and bring an end to the fighting for now. >> thank you so much. next, we will go back into the trump trial in new york city. the senior director of the c-span archives just finished, and the defense had no questions for him. we will come back with what the latest witness is, who that is, and give you kind of an update, phillip thompson. you're watching "josé diaz-balart reports" on msnbc. (♪♪) i'm getting vaccinated with

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witness? >> reporter: this comes after the head of archives from c-span who is based out of indiana was brought to the stand to authenticate old video clips of donald trump at a campaign rally and then at a press conference in 2016 and 2017 as part of bringing this evidence forward. they are using witnesses to authenticate in front of the jury the realness of this evidence and these videos and clips. right now, the individual who just took the stand is a man by the name of philip thompson. he is out of texas. he is regional director for a group called esquire deposition solutions which to our understanding acquired another company over the course of the last year that was overseeing court reporters in depositions particularly as it related to the e. jean carroll trial. as this individual explains what the job of court reporters is to the jury here, we could expect

that the district attorney's office could bring forward in front of him a particular deposition that donald trump perhaps conducted, maybe as it relates to the e. jean carroll trial. folks will recall there's the video deposition that he did as it pertained to the defamation case against him in the e. jean carroll trial in which he was asked explicitly about "access hollywood" among other past alleged affairs. we get a better understanding in the minutes ahead. this is part of the process, some witnesses we didn't hear of before this and that the district attorney's office is bringing up to the stand for the first time. >> david, how do you read this? we just saw this robert browning brought up, c-span archives, to essentially say, yeah, we did record some of trump's speeches and now in this case, this gentleman who is in charge of i guess supplying court reporters and probably transcribed a few

of the trump depos -- what's going on? >> not every witness is a former porn star actress or head of a tabloid. it looks like what trump's team, they are not stipulating or agreeing to the transcripts coming in or to different pieces of evidence. they are making the prosecutor call every witness to authenticate every piece of evidence. there's strategy behind this. the jury doesn't realize that trump could have stipulated. they get bored or mad at the prosecuor calling so many witnesses. no questions or a couple questions. it's interesting that trump attacked him for not being aggressive enough. you don't want to be aggressive with every witness. some witnesses you need to be quick or no questions. you will be aggressive with

people like michael cohen but not with the banker or the c-span witness. >> what do you think the witnesses are helping to establish? both of these have direct relationship with -- i want to thank vaughn hillyard who has been with us all morning. they have a relationship with some affect of donald trump saying something that clearly the prosecution wants to use. what is it the strategy is here? >> look, we're all looking to see how the prosecution uses what is coming into evidence. i think the point here is that this is evidence that these are custodians of record. these are people who can authenticate, as david said, that these are true and accurate and trustworthy records. when they read and hear what's been in the deposition transcripts that may relate to "access hollywood," may relate to karen mcdougal or stormy

daniels or anything else that the prosecution may have and that believes it helps to establish their case, or c-span comments from donald trump, that those are things that are going to be, from the prosecution standpoint, credible evidence, because it's out of the mouth of donald trump himself. if it comes into evidence, that enables them to establish their case or bolster the testimony of other witnesses. that's essentially what we're going to wait and see. >> david, what are you waiting to see coming forward after the thompsons and the brownings -- stormy daniels, certainly michael cohen, that was mentioned today in the trial. what are you looking for? >> every criminal defense lawyer's dream is to cross michael cohen. that's what all the criminal defense lawyers are talking about. we're all thinking about lou we would start the cross, what we would do on the cross.

the guy has a ton of baggage. it's going to be -- the defense will want to make the case about him as opposed to all these other sort of ministerial witnesses. they want it not about the dock -- documents or the money. it's about michael cohen. they will spend a lot of time crossing him. stormy daniels, too. i suspect you will see the other lawyer cross examine stormy daniels. >> something that the prosecution has been preparing for, i think we know or have a good enough sense the federal prosecutors did not bring charges because they were worried about michael cohen's credibility. david's absolutely right here. the prosecution has been preparing for it. that's one of the reasons they put david pecker on the stand first, to establish through an independent witness some of the facts they're going to hear from

michael cohen himself and that that is part of the process of both trying to say to the jury, no, you are going to hear things from michael cohen you have heard from others. the other is they are going to think about how to rehabilitate him on redirect. that's something that i'm quite sure they are prepared for. >> thank you so much for being with us this morning. appreciate it. that wraps up the hour for me. i'm jose diaz-balart. you can reach me at social media. you can watch clips from our show at msnbc.com/jdb on youtube. thank you for the privilege of your time. katy tur picks up with more news right now. right now on "andrea mitchell reports," former president trump found in context of his gag order and fined by judge merchan who threatened jail time if donald trump refuses to respect the