Judge Merchan wrote in a gag order ruling that he would incarcerate Trump if the ex-president continued to violate the gag order.
Merchan wrote that he is limited by law to fining Trump just $1,000 for each gag order violation, but if he could impose a higher fine, he would:
NEW: Judge Merchan’s order notes that the criminal contempt statute allows him only to impose a $1,000 fine per violation, even though it “would be preferable if the Court could impose a fine more commensurate with the wealth of the contemnor.” pic.twitter.com/p4Uwb7Sony
— Lisa Rubin (@lawofruby) April 30, 2024
Merchan also threatened Trump with incarceration:
But more ominously, he warns Trump that he “will not tolerate continued willful violations of [his] lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment.” pic.twitter.com/BnUl0A8MZh
— Lisa Rubin (@lawofruby) April 30, 2024
Incarceratory punishment is not limited to jail. The general consensus seems to be that sticking Trump in jail would be a logistical nightmare during the trial. Trump couldn’t be locked up with normal criminals. What happens with his Secret Service protection? It would take longer to sort out what to do with Trump than his jail sentence.
The more logical outcome is that Trump is put on house arrest and not allowed to leave Mar-a-Lago without the court’s permission except to go to the trial and come home. Given the circumstances of the violations, Trump would likely have his ability to post on social media taken away, or a monitor imposed that would control his social media accounts for the duration of the trial.
Donald Trump wants to be a martyr and put in jail. That is why he keeps pushing Judge Merchan. The smart thing to do would be to take away Trump’s freedom, but don’t give him what he wants by putting him behind bars.
Trump is already upset that the trial is a situation where he has no control, so the best punishment would be to take away any political opportunity for him, while sticking him on house arrest, and further limiting his freedom should he continue to violate the gag order.
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