Donald Trump has violated the gag order placed on him during his NY trial ten times so far. If he keeps violating it, what should Judge Juan Merchan do?
@rbreich Sorry if this is a repeat -- I haven't read your replies/thread to completion.
To answer your question: Escalating incarceration. First, held by the bailifs during a break. Then, all breaks for 2, 3, and (in turn) 5 court days. Next jailed while still being allowed to attend court, for 24, 48, 72 then 168 hours.
If during that whole time, and after, he continues to violate the gag order, after a week-long stay and 2-3 more warnings, incarceration until the jury is isolated.
What should Justice Merchan do when Trump violates his gag order for the 11th time, which he will?
Home confinement, no leaving his NYC penthouse for 24 hours every Wednesday court is not in session. Defer further incarceration decisions until after trial is concluded.
Win or lose, Merchan retains jurisdiction over Trump for criminal contempt. He can impose extended home confinement or something more punitive, depending on how bad Trump's behavior was. Sounds light; it isn't.
@rbreich I'd love to see the judge grab a role of Duct Tape, come down from the bench, and slap a strip of tape over TFG's mouth. But I dream.
I like the picking up trash idea, but I have no idea of NY law allows it.
So, that leaves me with "jail". I do not care diddly squat if that inconveniences the Secret Service (although some agents might suffer PTSD from what they see.)
Judge Merchan doesn't want to "embarrass" Trump by throwing Trump's ass in jail. After all, as Merchan said, Trump might be the next president, DESPITE THE FACT THAT ACCORDING TO THE 14TH AMENDMENT, SECTION 3, TRUMP ENGAGED IN INSURRECTION OR REBELLION. We all saw him do it, we all heard him and have been hearing him incite violence and promote the Big Lie. I would hope that if by some unholy chance that Trump DID win, people with influence, like Mr. Reich @breich, would initiate a class action suit on behalf of Democratic voters, to enforce 14(3).
That said, Merchan will keep on fining Trump. Anything more would "embarrass" Trump.
@rbreich It really is the kicker, isn't it. The sad reality is that if he can't be held in contempt, (whether for very valid and practical reasons) then the whole rule of law thing is already gone. Very much like JK Rowling openly flouting Scottish hate speech laws.