Manhattan prosecutors are accusing Donald Trump of violating a gag order in his hush money case by making public statements attacking witnesses and others involved in the trial. They have requested that he be held in contempt and fined $1,000 per violation. Trump’s team argues that his statements were lawful rebuttals to comments made by others in the media. The judge has scheduled a hearing to consider the prosecutors’ arguments, but former prosecutors believe he is likely to be lenient in his response.
Trump has repeatedly tested the judge’s patience by violating the gag order and making gestures towards prospective jurors. However, former prosecutors believe that it is unlikely for the judge to jail Trump for contempt at this stage, as it would be an extreme measure. Instead, they expect the judge to issue a warning and possibly impose fines for future violations. The situation is complicated by First Amendment concerns, as political speech is protected. Trump’s lawyers could appeal any contempt ruling on First Amendment grounds, further complicating the legal proceedings.
Several former prosecutors believe that the judge will likely opt for a fine as a penalty if Trump is found to be in contempt of the gag order. They believe that Merchan is unlikely to impose a jail sentence on Trump at this stage, as it is a drastic measure that is not often taken in such cases. Trump has already appealed the gag order itself on constitutional grounds, but the appeal was rejected by a New York appellate judge. The situation is further complicated by the fact that Trump is a former president and a potential political candidate, making it a challenge to navigate the legal proceedings in a fair and balanced manner.
If the judge decides to hold Trump in contempt and issue a penalty that will have a significant impact, there are limited options available. One possibility is barring Trump from using social media during the trial, as was done in a previous case involving Trump ally Roger Stone. However, such an order would likely face a vigorous appeal due to the significant First Amendment interests at stake. The judge will need to carefully consider the potential ramifications of any penalties imposed on Trump, given the complex legal and constitutional issues involved in the case.
