Donald Trump May Be 'Goading' Judge Merchan as Delay Tactic—Attorney

Donald Trump may be deliberately "goading" a judge into jailing him so he can delay his hush money trial, an attorney has said.

New York-based lawyer Colleen Kerwick spoke to Newsweek after Trump attended a gag order violation hearing on Thursday—his second this week. Trump has consistently said he is seeking the delays of his trials. If elected president, Trump can apply to the U.S. Supreme Court to have all his criminal trials delayed until after he leaves office.

On Tuesday, Judge Juan Merchan fined Trump $9,000 for nine violations of a gag order that he imposed on Trump to prevent him from talking about witnesses and jurors during the trial. On Thursday, prosecutors cited another four alleged violations.

"The Court can continue to fine Trump $1,000 per violation. The court can also incarcerate Trump for willful violation of a clear and unambiguous court order. Trump may be strategically goading the Honorable Court to do just that, to delay the proceedings," said Kerwick.

Merchan did not immediately rule on the prosecutors' request for more penalties but he warned Trump that he may take further action against him. He then refused to tell Trump's lawyers if the former president could forward on other people's negative comments about the trial in his social media website, Truth Social.

Merchan told Trump's lawyers: "I'm not going to be in the position of looking at posts and determining in advance whether you should or should not post...I think if in doubt, steer clear. That's all I'm going to say."

Newsweek sought email comment from Trump's attorney on Friday outside of regular office hours.

Kerwick told Newsweek that Trump may be seeking jail time to delay the trial as much as possible.

"As Trump has a right to be present at trial, he would file an interlocutory appeal on First Amendment grounds and seek an interim stay of the trial on the grounds that it would be highly prejudicial for the jury to see him come to the court from lock up every day," she said.

An interlocutory appeal is taken while a court case is progressing.

Trump, the presumptive Republican presidential nominee, is the first former president in United States history to stand trial in a criminal case. He has pleaded not guilty to 34 counts of falsifying business records. He has continually said that this case and other criminal and civil cases involving him are politically motivated.

The prosecution seeks to prove that before the 2016 presidential election, Trump paid, or discussed paying, two women—adult film star Stormy Daniels and former Playboy model Karen McDougal—to not disclose his alleged affairs with them. He denies affairs with either woman.