Manhattan prosecutors have accused former President Donald Trump of violating a gag order multiple times. The judge is set to review the case.

What Happened: The prosecutors have alleged that Trump breached the gag order by attacking witnesses and jurors involved in his hush money case. Justice Juan Merchan has scheduled a hearing on Tuesday to consider the prosecutors’ arguments, reported Politico.

If the judge finds Trump in violation of the gag order, he will have to decide on the appropriate penalty. This could range from a warning to a fine to a short jail term.

Several former prosecutors anticipate Merchan’s leniency, yet they emphasize the fluidity, unpredictability, and unprecedented nature of the situation.

"Judge Merchan is going to do everything possible to give him as much leeway as possible to cure the situation and be a better defendant," said Diana Florence, a former Manhattan prosecutor.

Trump’s social media posts during the trial have been cited as exacerbating his legal risks. The prosecutors have pointed out multiple instances of Trump’s alleged violations, including a post on Truth Social where he referred to a key witness as a “disgraced attorney and felon.”

Adam Kaufmann, ex-prosecutor from the Manhattan District Attorney's Office, anticipates that the judge will adopt a lenient approach. "My guess is he will give a direct warning and then fine him next time," Kaufmann emailed. "But of course that's just a guess — who knows."

Peter Tilem, a former Manhattan prosecutor, describes the situation as a First Amendment nightmare. This is because political speech benefits from strong protections under the First Amendment. Trump’s legal team could potentially appeal any contempt ruling and argue on First Amendment grounds, claiming that the posts were a part of Trump’s political campaign. While success in such an appeal is uncertain, it would further complicate an already intricate legal process.

"This is probably one of the major reasons why it's a bad idea to be trying a presidential candidate in the middle of a campaign, because it gets you into this massive constitutional quagmire," Tilem said. "What do you do in a situation like this?"

See Also: Bound By Courtroom Rules, Donald Trump Is Doing Something Uncommon For His Public Persona: Staying Silent

Why It Matters: The hush money trial is a significant legal battle for Trump. If convicted, he could face a prison sentence, as each of the 34 charges he is facing is a Class E felony, with a maximum prison sentence of four years per count.

Trump’s testimony in the trial is also in question, with former Nixon White House counsel John Dean expressing skepticism about the likelihood of Trump testifying.

The trial has seen some dramatic allegations, with the prosecution claiming that Trump committed “conspiracy to undermine the integrity of a presidential election.” The first key witness in the trial was former National Enquirer publisher David Pecker.

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