UPDATE 1-U.S. judge mulls whether Trump ex-adviser Stone violated gag order

A visibly irritated federal judge considered on Tuesday whether to ban President Donald Trump's former adviser Roger Stone from using social media after prosecutors accused Stone of violating a gag order by repeatedly discussing his case on his Instagram account. U.S. District Court Judge Amy Berman Jackson spent about an hour painstakingly reading each one of his posts aloud and asking Stone's attorney Bruce Rogow if they violated her gag order, before taking an hour recess to weigh how she would rule.

One post, she said, featured a photo of Adam Schiff, the Democratic chairman of the House of Representatives Intelligence Committee, next to a meter saying "bull Schiff." Stone, a longtime Republican political strategist and self-described "agent provocateur" and "dirty trickster," is accused by prosecutors of lying to House Intelligence Committee investigators looking into Russian interference in the 2016 U.S. presidential election, as well as tampering with witnesses.

Jackson said Stone referred to Schiff as a "duplicitous con man" before adding: "if it's Schiff, flush it." The judge then asked if the post was in "contravention" of her order. Jackson in February ordered Stone to stop speaking publicly about the case after he posted what appeared to be a threatening photo of the judge next to the image of gun crosshairs on his Instagram account.

Stone tried to apologize, saying at that hearing that the posting was not intended as a threat. But a visibly angry Jackson during that hearing said his apology rang hollow and warned he would not have a second chance if he failed to abide by her order. In June, prosecutors accused Stone of continually violating the order, and asked Jackson to revise the conditions of his release in order to avoid poisoning the jury pool.

Although technically Jackson could opt to remand Stone into custody, prosecutors said on Tuesday that is not the remedy they are seeking. "We are not asking the court to hold the defendant in contempt," prosecutor Jonathan Kravis said, saying that the prosecution is hoping Jackson will clarify the scope of the order and demand that Stone be kicked off social media.

Rogow told Jackson he did not think any of the posts violated the judge's prior order. "I am sorry the court is offended by these things," Rogow said.

Stone is scheduled to go to trial in November after pleading not guilty to federal charges of making false statements to Congress, obstruction and witness tampering as part of former Special Counsel Robert Mueller's investigation.