Tonight, Donald Trump practically daring the court to find him in violation of his gag order in the Stormy Daniels Hush Money case. Trump posting a clip from Fox News that criticizes the daughter of Judge, Merchant. Just hours after the gag order was expanded to specifically prohibit Trump from attacking the judge's family. Trump's post quoting law professor Jonathan Turley saying, The integrity of the New York legal system is at stake here. The clip also included these comments from Fox News' Brian Kilmead.

The fact is the judge's daughter, what is a activist who works for Kamala Harris, and there was some dispute on whether she did have a picture up on a website with Donald Trump behind bars. That, to me, is something that if I'm Donald Trump, I'm a little concerned about that the judge has a daughter who feels this way.

It's important just to have one factual clarification here. The judge's daughter posting a photo of Trump behind bars. That has been debunked, did not happen. Ryan Goodman, our out-front legal analyst, is with me. So, Ryan, so Trump gets the gag order prohibited from attacking family members of Judge Merchant, and then retweets this particular clip. Does this violate the gag order, or is Trump safe because it's not him saying it, it's someone else.

I think it violates the gag order. So if the very words out of Brian Kilmeade's mouth came out of Trump's mouth or out of his keyboard, if he typed those words, they would be in violation of the gag order. That is the smear that's being repeated against the judge's daughter. The fact that Trump is instead posting a video of somebody else saying it runs a foul of the gag order. That is him still making a statement. I think that the judge will have to carefully look at this because if he gives it a pass, then he really is giving a pass to a violation.

But then what happens if he says it's a violation?

I think that it's going to be a quick ratcheting up. The judge has already signaled that he has an intolerance for violations of his orders. I think first step might be something that's financial. Second step might be financial. I think third is actually potentially lowering the boom, which is he would treat Trump as he would treat any defendant, and that would mean jail time if he violates a gag order multiple times.

So we're walking up to that line.

It really looks like it. Wow.

In Manhattan, the district attorney, Alvin Bragg, is also fighting back. He is rejecting a bid by Trump to have Judge Merchant recuse himself, citing his daughter's political work of working for Kamala Harris. Now, I know you always say it Kelli Ann Conway, famously would say, Stop. And George Conway, Stop judging me for my spouse. So people have the ability to have family members have different political views and do different things. In that context, does Merchant need to recuse or not?

He does not. In fact, this has come up before in the litigation with Merchant himself and about his daughter. Trump had raised this before as an idea of recusal. And then in August of 2023, Judge Merchant actually issues an opinion in which he says, I sought the advice of the New York State's Committee on Judicial Ethics, and they told me specifically, and then the quote he has is, he says, We see nothing in the inquiry to suggest the outcome of the case could have any effect on the relative's business or any of their interests. Nothing's changed. These are the same kinds of allegations, and nothing about his daughter's business is directly tied to the case. It would have to be that she is like one of the parties, one of the witnesses, or one of the counsel as a client of hers. None of that exists.

None of that. All right. I want to ask you about a brand new analysis that your team has published on Just Security about the people currently in DC jail related to January sixth charges. Okay, so you say there are 29 January sixth inmates currently being held. There are 29 being held. 27 of them have been charged with assaulting law enforcement officers in the US Capitol. So that's 90 % have had that charge. Trump, though, is promoting a vigil for them. He has repeatedly said that he will free them or pardon them, and he has referred to them as hostages.

You have the hostages, the J6 hostages, I call them. These were great patriots, and they were unbelievable patriots.

So 90 % of them have been charged with assaulting law enforcement officers. Hostages and patriots, that was how he refers to that.

Yeah. So the study is basically to finally pin down who exactly the people are. So if he wants to hold a vigil for the January sixth inmates in the DC jail- Who are they? Yeah. And then he calls them political prisoners. When he goes out onto the campaign stump, he plays the anthem by the January sixth choir. The choir is the January sixth Inmates in DC. So who are they? Then we decided to investigate that. The day after he announced the vigil, we have the exact list from the DC Corrections Facility, and it shows 93% of them are charged with assaulting law enforcement officers on January sixth, and it's egregious actions, and the majority of them are already being convicted or pleaded guilty to it. So these are the worst of the worst.