Judge raises threat of jail as he holds Trump in contempt, fines him $9,000 at hush money trial
Last edited Tue Apr 30, 2024, 04:27 PM - Edit history (2)
Source: AP
Updated 3:02 PM EDT, April 30, 2024
NEW YORK (AP) -- Donald Trump was held in contempt of court Tuesday and fined $9,000 for repeatedly violating a gag order that barred him from making public statements about witnesses, jurors and some others connected to his New York hush money case. And if he does it again, the judge warned, he could be jailed.
Prosecutors had alleged 10 violations, but New York Judge Juan M. Merchan found there were nine. Trump stared down at the table in front of him as the judge read the ruling, frowning slightly.
It was a stinging rebuke of the Republican former president's insistence that he was exercising his free speech rights and a reminder that he's a criminal defendant subject to the harsh realities of trial procedure. And the judge's remarkable threat to jail a former president signaled that Trump's already precarious legal standing could further spiral depending on his behavior during the remainder of the trial.
Trump did not respond to reporters' shouted inquiries about the fine in the courthouse hallway as court resumed for the afternoon. Merchan wrote that he is "keenly aware of, and protective of," Trump's First Amendment rights, "particularly given his candidacy for the office of President of the United States."
Read more: https://apnews.com/article/trump-stormy-daniels-hush-money-election-2024-d2f9badee0b28a60d32bc98c0d4e783f
Link to ORDER (PDF) - https://www.nycourts.gov/LegacyPDFS/press/PDFs/D.O.motion4contempt-FINAL.pdf
Article updated.
Previous article/headline -
Updated 10:23 AM EDT, April 30, 2024
NEW YORK (AP) -- Donald Trump was held in contempt of court Tuesday and fined $9,000 for repeatedly violating a gag order that barred him from making public statements about witnesses, jurors and some others connected to his New York hush money case. And if he does it again, the judge warned, he could be jailed.
Prosecutors had alleged 10 violations, but New York Judge Juan M. Merchan found there were nine. The ruling was a stinging rebuke for the presumptive Republican nominee, who had insisted he was exercising his free speech rights. Trump stared down at the table in front of him as the judge read the ruling, frowning slightly.
Merchan wrote that he is "keenly aware of, and protective of," Trump's First Amendment rights, "particularly given his candidacy for the office of President of the United States." "It is critically important that defendant's legitimate free speech rights not be curtailed, that he be able to fully campaign for the office which he seeks and that he be able to respond and defend himself against political attacks," Merchan wrote.
Still, he warned, that the court would not tolerate "willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment."
Original article -
NEW YORK (AP) -- Donald Trump was held in contempt of court Tuesday and fined $9,000 for repeatedly violating a gag order that barred him from making public statements about witnesses, jurors and some others connected to his New York hush money case. If he does it again, the judge warned, he could be jailed.
Prosecutors had alleged 10 violations, but New York Judge Juan M. Merchan found there were nine. The ruling was a stinging rebuke for the Republican former president, who had insisted he was exercising his free speech rights.
Merchan wrote that Trump "is hereby warned that the Court will not tolerate continued willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment." Trump stared down at the table in front of him as the judge read the ruling, frowning slightly.
The ruling came at the start of the second week of testimony in the historic case. Manhattan prosecutors say Trump and his associates took part in an illegal scheme to influence the 2016 presidential campaign by burying negative stories. He has pleaded not guilty.
Ocelot II
(116,113 posts)33taw
(2,454 posts)LonePirate
(13,461 posts)bluestarone
(17,183 posts)I kinda feel we entered a new phase here. Maybe the judge, (by building his case) WILL continue to another step (we,ll see) then to a third step. then slowly to the jail time. (I think it will happen at some point. The judge is right (i feel) by giving this asshole options from NOW ON. We,ll see if i'm wrong, i guess.
Captain Zero
(6,890 posts)Like say hold the next 9 violations. Once the trial is completed however it winds up immediately announce he will serve one day in jail for each contempt citation and send him from the trial to jail x number of days.
That would spare us all a bunch of his bullshit at the end of the trial.
Shipwack
(2,193 posts)He's currently free on probation in what... Three, four districts? I've lost count, to be honest. Anyway...
In each of the cases for which he's free on probation, one of the conditions he's under is to commit no further crimes. If he so much as spits on the sidewalk, he can be hauled off to a cell until he is found innocent. He's still would be allowed (actually forced to) stand trial, in a suit, but his nights would be behind bars.
It's been decided he broke the law. He could be picked up now. But... Two-tiered justice system. Not going to happen now, and barring something egregious (caught on a taped phone call ordering a hit on the judge), not ever. :¯_(ツ _/¯
onenote
(42,915 posts)New York law deals with two different forms of "criminal contempt" -- meaning contempt occurring in the context of a criminal trial rather than a civil trial. But that doesn't mean that both forms of criminal contempt are crimes. One form of criminal contempt is codified in New York's Penal law and is statutory in nature . The other is codified in the Judiciary Law and arises from the court's inherent power to maintain order in the judicial process. The courts have recognized a distinction between the two. As explained in a law review article, the case law establishes that Judiciary Law criminal contempt -- the type of contempt that is the basis of the DA's contempt motion to show cause against Trump -- is not a crime. Rather, Judiciary Law criminal contempt proceedings are neither civil nor criminal. They are sui generis special proceedings to coerce future obedience or punish past disobedience.
https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1480&context=jlp
Under the circumstances, just as the civil contempt sanctions against Trump in the Carroll case did not trigger the revocation of his bail, it is likely that bond won't be revoked by the imposition of sanctions in response to the DA's motion to show cause.
ancianita
(36,262 posts)even overnight, he would later add to his predictable appeal of the jury's verdict, that the judge failed to give him sufficient due process, claiming it as an "error," even in criminal proceedings. I'm no lawyer, but all judges have to make themselves appeal proof, even if jury verdicts aren't.
NanaCat
(1,692 posts)He's either free on bail or on his own recognizance.
Probation is a penalty following a plea pf guilty to a crime, or a criminal conviction. Thus far, neither applies to TSF.
onenote
(42,915 posts)And while the statute allows for imprisonment of up to 30 days I challenge you to cite an example where imprisonment was ordered for a non-violent action that was not taken in court in front of a jury.
This was not a slap on the wrist relative to the common practice in New York courts.
LiberalFighter
(51,559 posts)I figured she doesn't know diddly shit.
I had heard a few times the max was $1,000 each. And knew Jansing was wrong.
I think she also reported the deadline to remove those posts was 9:15 and not 2:15.
RainCaster
(10,977 posts)The second half clearly explains the problems TSF has because of the precise wording in this finding.
onenote
(42,915 posts)First, he doesn't acknowledge or address the case law that draws distinctions between a violation of Judiciary Law 750 and Penal Law 251, with Trump having been found guilty of contempt under the former, not the latter. As the article I linked indicates, contempt under Judiciary Law is not considered a "crime" unlike contempt under the Penal Law. The latter is classified as a misdemeanor; no classification is attached to the former.
But even if that distinction wasn't relevant because the condition of bail was not to violate any "law", Kirschner overstates matters significantly by suggesting that a contempt citation would all but automatically lead to the revocation of bail except Trump is treated differently. The reality is that courts have broad discretion as to when to revoke bail when someone out on bail breaks another law. Littering is breaking the law, but no one is having bail revoked for littering. While contempt is more serious than littering, it is unlikely that any of the judges handling cases in which Trump has been granted bail are going to bootstrap a contempt citation in another case to a bail revocation order -- particularly where the judge that issued the contempt citation has not revoked Trump's bail in that case.
Finally, and most significantly, Kirschner simply ignores 18 USC 3418 ( b ) ( 2 ), which specifically addresses the modification or revocation of bail in federal court. That section makes it difficult to revoke bail, expressly providing that in order to do so, a judge must find "that there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community" or that "the person is unlikely to abide by any condition or combination of conditions of release."
Again, given that Merchan hasn't yet revoked Trump's bail, no federal judge is going to do so based on Merchan's contempt order.
cutroot
(877 posts)samplegirl
(11,531 posts)Lock his ass up already!
Katinfl
(167 posts)He is going to keep on violating the gag order and goad the judge to put up or shut up. He wants to go to jail and play the martyr for his idiots. He will be the hero. I also think he is thinking of firing Blanche to get another delay.
Eyeball_Kid
(7,441 posts)He's miscalculating the power of his own martyrdom. If he goes to jail, he won't incite thousands to protest in his defense because--- his minions just don't care enough to get off the couch and protest. And they shouldn't. They should all see that Trump is out of control and isn't helping himself. Why bother?
NanaCat
(1,692 posts)For non-violent contempt of court, a smart judge will start light and then work up to more serious punishments: warnings, fines, and then locking up.
A judge who doesn't do this risks having the case overturned on appeal.
Do you want TSF to walk on a technicality like that? Because he will if Merchan goes nuclear, right off the bat.
bucolic_frolic
(43,614 posts)Orrex
(63,318 posts)bucolic_frolic
(43,614 posts)Irony. Chutzpah. Projection. Hypocrisy.
Trump really lays it on thick with all his afternoon whining.
PSPS
(13,655 posts)modrepub
(3,513 posts)he'd insist on paying the bills himself. After all it was his doing. But...you know...
I agree, the party of "personal responsibility" will take care of this and make it all better.
TexasTowelie
(112,869 posts)It will be interesting to see Judge Chutkan's reaction to this development. Lock him up!
Captain Zero
(6,890 posts)then he would have an incentive to get that caser to trial...
kacekwl
(7,035 posts)but more false threats of punishment.
onenote
(42,915 posts)See post #48
Johnny2X2X
(19,391 posts)Lock him up! Lock him up!
Botany
(70,700 posts)Finding him guilty of violating the courts gag order could be significant
or then again
nothing might happen to him as per the gag order.
InstantGratification
(179 posts)The judge gave the maximum he was allowed to give for a first finding of contempt. The order imposing the fines ($1000 for each of the nine incidents) also mentions that incarceration is on the table for future violations of the gag order. I don't know if that will happen, but I get the distinct feel that Merchan is fed up with the toddler's constant testing of parental limits.
Botany
(70,700 posts)Last edited Tue Apr 30, 2024, 12:55 PM - Edit history (1)
. ifTrump tries to use his lawyer to get around the Courts gag order he will get slapped down
hard. Btw Trump going after the Judges family, witnesses, and or jurors is straight out of his
mentors playbook, Roy Cohen. Trump got mob crime bosses off by getting to a juror and then
a mistrial is declared. Cohen did this one time for John Gotti.
turbinetree
(24,757 posts)this traitor a martyr............
NoMoreRepugs
(9,556 posts)silly ass social media forum. His time behind the curtain is fading and soon all will see him for the true fake he is.
AncientOfDays
(165 posts)tRump will pay the fines with other people's money. It's going to take a day or two in jail before he actually gets a clue.
Canoe52
(2,949 posts)KS Toronado
(17,551 posts)Wednesdays
(17,537 posts)FredGarvin
(488 posts)With his being given $1.2 billion in Truth Social shares.
DJT is rocketing higher.
The Orange Menace griftin again
jimfields33
(16,262 posts)KS Toronado
(17,551 posts)catrose
(5,080 posts)at any time, all the time.
I hope jail is the next step. That's the only way to stop him.
Justice matters.
(6,965 posts)His infantile attacks full of lies, and only lies, would not stop.
catrose
(5,080 posts)People do sneak them in, but hes not clever enough to keep it hidden.
Justice matters.
(6,965 posts)Him being the presumptive nominee of one of the two major political parties for POTUS will award him another special treatment in this unequal justice system I am afraid...
FakeNoose
(33,007 posts)Chump's horrible, illegal antics must be met with determination and resolve. Thank you for doing what so many other judges are afraid to do ... throw the book at him! Chump's inevitable next offense will require increased punishment. Please do not back down. Maybe when he lands in jail he'll finally learn his lesson.
jayschool2013
(2,325 posts)So we can now refer to the Lard or Mierda Loco as a "criminal" and be accurate, correct?
onenote
(42,915 posts)ClearSky24
(242 posts)where Trump will end up in jail or in a hold-up cell.
It will happen in the next couple of months.
kacekwl
(7,035 posts)No really I mean it.
RestoreAmerica2020
(3,439 posts)... Elsewhere where he can get free publicity. At minimum take IT outside. So sick of his voice, his feo cara ( ugly face, contorted frown ☹️ as if to intimidate btw frown all GOP politicians and pundits are required to sport daily 😡😖 )
Anyway... Buen dia y paz ( good day and peace.)
PatrickforB
(14,614 posts)Chamber of Secrets movie.
Anyway, Filch's cat gets 'petrified,' and Dumbledore and the teachers are waffling - it looks like Harry did it, because he was there when it was discovered, but then Snape speaks up.
Filch says, "My cat HAS BEEN PETRIFIED! I want to see some PUNISHMENT!"
And, like Filch, I'm sure all of us would like to see some 'Incarceratory Punishment' - I know the idea of Trump spending a night in jail is quite appealing.
Honestly, having him spend the remainder of his life behind bars would be best for our republic. He is too dangerous to be running around free.
republianmushroom
(14,001 posts)I'm giving you one more warning, and I'm dead serious now. I mean it this time. Yup.
MyOwnPeace
(16,959 posts)"Double-Secret Suspension?" (Animal House - Dean Wormer)
Kablooie
(18,658 posts)Or Trump will be able to call foul and use the system mess up the whole trial.
I assume its customary to first fine the defendant specific amounts.
That has been done and Trump has been warned that jail is next so if he is jailed, he will have no legal justification to take the situation to a higher court.
Trumps lawyers are just waiting for the judge to overplay his hand so they can get other judges to judge the judge.
FredGarvin
(488 posts)They always do.
That's what they are paid to do.
Torchlight
(3,502 posts)He always does.
That's what he's paid to do.
radicalleft
(482 posts)EndlessWire
(6,612 posts)There are so many, it's like a side gig, a little mini trial with episodes all on its own. But, there is yet another one on Thursday, the one that was moved to Thursday from Wednesday because Trump complained?
He is getting treated like he's exceptional. All because he ran for President. I'm sick of him.
discntnt_irny_srcsm
(18,489 posts)Lock up all that which is evil.
So that which is good may flourish.
BlueKota
(1,890 posts)manure on social media.
kacekwl
(7,035 posts)that he will never pay and he COULD be jailed next time. Also he COULD be jailed when he shoots someone on 5th Avenue. How could the judge be so cruel ?
FredGarvin
(488 posts)Per minute.
Torchlight
(3,502 posts)Gary 50
(382 posts)He would be up to 256,000 on his ninth violation.
onenote
(42,915 posts)And the law clearly sets the maximum penalty per violation at $1000.
Ford_Prefect
(7,949 posts)Stinko the Clown.
onenote
(42,915 posts)for applying the law as written and as is customary.
appleannie1
(5,086 posts)Martin68
(23,050 posts)RainCaster
(10,977 posts)He was required to not commit any additional felonies or misdemeanors during the course of his trial, or he could be held in prison until his trial is over. This same condition applied for his other three criminal cases. Any of these judges can hold him in prison until that particular trial is completed. If it doesn't start until 2025, he sits his Orange Ass in the pokey until then.
Dave Bowman
(1,918 posts)Can't wait until the judge finally locks him up.
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