What do you think Judge Merchan's plan is to deal with

[senseandsensibility]

cheato's flagrant disregard for the gag order? I know he's not going to let him keep intimidating witnesses and especially jurors. That would be a miscarriage of justice. He's in a difficult spot, but the longer he waits the harder it will be to find a solution.

Some really bad things could happen if nothing is done. I'm a little perplexed by the lack of action so far.

[FarPoint]

1. I don't see much happening as this all would feed into tRumps desire.

I think he wants to lessen the power of tRump and not delay the trial...I completely believe the Judge tolerates this just to keep the trial moving ahead....Delay is tRumps only tool now...

[senseandsensibility]

3. But what if the jury is harassed

(or worse)?

[FarPoint]

11. He will evaluate the damage but still go forward with trial...

Getting this trial done with verdict is the most powerful aspect....

I think the gag order violation game tRump is playing is about run out....if he does cause jury harm he will also harm himself in the outcome of the trial....even his supporters will see it as a failure if does this...

[Irish_Dem]

5. He could jail him for the day without too much fall out?

[senseandsensibility]

7. Someone on MSNBC just said that there is a jail

in the back of the courthouse that he could be put into for the afternoon. Sounds like time out for a toddler, and I don't think that's inappropriate at all.

[Irish_Dem]

12. There are holding cells right in the courthouse.

According to one talking head attorney who worked for the Manhattan DA's office for 30 years.
She knows the courthouse quite well.

Disruptive defendants can be placed in the cells until they calm down.
Or shape up.

[Groundhawg]

51. TRUMP wants to be jailed. And it would hand the election to him.

[live love laugh]

52. He wants it but I don't think it's gonna hand the election to him.

[dutch777]

53. Concur. He can't even get a few dozen die hards to the courthouse. Pity his SS team that has to babysit him in jail.

[senseandsensibility]

54. The idea by Judge Cordell explained later in this thread

is to sentence him to delayed jail time which is not served until the trial is over. Great idea and won't slow the trial or create a spectacle.

[live love laugh]

58. That's brilliant.

[bdamomma]

20. Irish_Dem

So if he's in jail for 1 day, does the trial still go on?

[Irish_Dem]

21. I think so yes. But I am not an attorney.

It is only logical.

If you can get your trial stopped by acting like an ass, then every defendant would do it.

[Silent3]

48. Jailing Trump for violating his gag order won't delay the trial

He'd just be marched back and forth from cell to courtroom and back again until either the trial is done or the jail time runs out.

[TexasDem69]

2. What do you think he should do?

[senseandsensibility]

6. At the very least begin quickly with the fines

so that the consequences can be increased incrementally. I hope we can all agree that doing nothing should not be an option, but maybe some are okay with that.

[TexasDem69]

8. If the judge determines that Trump violates the gag order

Then fines seem appropriate. But I doubt fines will stop Trump from speaking out.

[FarPoint]

14. A guilty verdict is what is just down the road....

So, we all can take a few hits until we get the final blow.

Sending him to jail takes the focus off the criminal evidence and testimony....tRump seeking a big distraction...

[TexasDem69]

28. Jail isn't the right answer

It won’t make a difference and just makes Trump look like the martyr he claims to be

[EndlessWire]

40. Let that happen.

It will be at least one day that jurors and court personnel aren't threatened. And, we aren't buying that "I'm Mandela" crap. We don't care what his followers do. We'll toss them in jail, too.

[Silent3]

49. Jail makes an important difference

First of all, I think it would impact Trump more negatively than you imagine. He might enjoy the idea of claiming to be a martyr (and he's already doing that anyway), but the reality of being in a jail cell would hit Trump hard.

Second, from the point of view of the law, whether Trump craves being a martyr or not shouldn't enter into consideration.

The politics of it shouldn't enter into consideration.

Demonstrating some commitment to the aspirational idea that we're all supposed to be equal before the law requires jailing Trump for anything anyone else would be jailed for.

[csziggy]

59. Fine him - then double the fine for each violation

That would add up really fast and get TFG's attention when it starts seriously affecting his pocket money.

[Sucha NastyWoman]

13. From a man that just paid (whatever?) for a 175,000,000 bond?

[Irish_Dem]

4. My fantasy is that Merchan is going to jail him but had to check with the SS first.

I know, I know.
But a girl can dream can't she?

[bluestarone]

9. I'm pretty sure it will begin with a fine.

My question is it an IMMEDIATE fine? (pay on the spot?)

[Irish_Dem]

15. No, 6 months of appeal and negotiating the fine.

Taking it to every appeals court in NY.

Then paying the fine with fake money.
Then having yet more hearings.

Trump will not pay unless he is made to pay.

[bluestarone]

18. SAD!

These asshole know how to use up court appeals.

[Irish_Dem]

19. And waste tax payers' money.

[bdamomma]

23. Isn't his

cult paying his fines??? with the help RNC and Lara Trump.

[Irish_Dem]

24. Yes I am sure Trump won't spend his own money.

But taxpayers are paying for all of Trump's legal warfare against the US court system.
The costs of the people vs Trump.

[TexasDem69]

31. That's how it works for everyone not just Trump

[onenote]

27. He paid the $15,000 that he was fined in the Carroll case for violating Judge Engoron's gag order.

He's appealed, and he'll get it back if wins. But he had no choice but to pay pending the outcome of the appeal.

[Irish_Dem]

35. Good.

But of course he is more unhinged now than he was last month.

[onenote]

37. Being unhinged doesn't change the fact that he'll have to pay any fine even if he appeals it.

[Irish_Dem]

38. But it took him a long time to pay the bond for the appeal in the fraud case.

That is my point.
Delay is his game.

[onenote]

56. Assuming 26 days is a long delay, its not relevant to his obligation to pay a contempt fine.

He didn't delay paying the contempt fine in the Carroll case because there is no way he could. And there is no way he can delay paying the fine, assuming there is one, in the criminal case currently being tried.

[brooklynite]

10. I think Judge Merchan will announce his decision when he's ready....

...no point in baseless speculating.

[Sucha NastyWoman]

16. Well....

Everybody on tv gets to do it!

[senseandsensibility]

17. But this is a discussion board

No discussions allowed!

[brooklynite]

36. People can discuss whatever they want...

...including matters that aren't worth discussing..

To speed things up however, I'll give you the answer:

1) The Judge will warn Trump.
2) The Judge will fine Trump.
3) The Judge with jail Trump.

Pick whichever one you want.

[bluestarone]

22. Wanting something more immediate, i'm voting for

ONE warning. (i know he won't listen) then the fine, with stipulation that 3rd offense 24 hrs in jail. same for EVERY future offense.

[senseandsensibility]

25. Sounds logical

Laying it all out like that would probably be a smart move.

[onenote]

26. Understanding the role of the judge, the DA, and the process involved.

First, the statute limits what penalties can be imposed. It's $1000 per violation and/or 30 days in jail.
Second, the judge generally does not initiate the process -- as in this instance, it typically is started by the prosecution filing a motion to show cause and because the defendant cannot be jailed without a hearing and a chance to respond, if the motion to show cause only proposes a fine, not incarceration, the judge's hands are effectively tied.

So a lot depends on how and when the DA opts to proceed. And the DA may have a reason for choosing the particular time to bring it up and the particular penalty to pursue. In particular, judges generally take an "escalation" approach, where they start with warnings, move to fines, and then to jail time if the offender continues to violate the gag order after being fined, and more often where the violation involves disrupting the trial in front of the jury. Knowing that DAs will not 'overreach' by asking the judge to subject the offender a penalty the judge isn't likely to impose.

[senseandsensibility]

30. Thanks for your well thought out reply

[EndlessWire]

41. Well, as I mentioned in the other thread

here's the thing. I don't know if they did it, but the Prosecutors apparently informed the Judge that they would be filing another complaint today over the gag order. And, while they didn't ask for jail this time, they did say that they hadn't asked for that particular sanction "yet." So, not sure the order everything has to happen in, but "if" they do file yet another complaint, they could then ask for jail. The Judge has put off ruling. Yes, he can ask for another "Show Cause" hearing to rule on the second complaint. He can rule on the one today, set another gag hearing date--maybe the following Monday. Order him to report for lockup at the courthouse on Wednesday. No loss of time.

Or maybe, after reading the second complaint, he'll just lump them together and make one ruling, hopefully fines and jail. I don't know if he can do that; I think they have to be separate.

And that will be very interesting, in view of what happened today. Didn't the Judge ask tRump's attorney if he had any cites for him, and his attorney said no, because it was just common sense? So, no evidence or any good argument. Just Trumpian logic.

At any rate, I wouldn't count out a bit of Jail time for Trump. He isn't learning. And, I don't think this judge is going to do the escalating fines bit for such a short trial, when he doesn't have to go there. Fines for today, jail next Monday. Could be.

[senseandsensibility]

42. Amazing that the defense didn't have anything to cite

I don't think trumpian logic is going to cut it, and I can't believe that's all he could offer.

[EndlessWire]

45. Trump probably ordered them to do it.

He's making a lot more work for them. They have probably begged him to stop. Honestly, they might want to ask the judge if they can quit.

The judge was quite sharp today, and tore apart their excuse of just retweeting. They had nothing to argue back with, because apparently they couldn't think of anything. I'll bet their ears were red.

Reputations versus money. Trump is making them look stupid. I wonder if they are getting paid. I wonder what reason they will give the Judge for wanting to quit. If I were them, I'd live in fear of Trump insisting on testifying. Get out while you can, Fellas! Let him get a public defender. No need for the trial to stop.

[bdamomma]

29. I still

wish we could televise this trial, we really need to see this.

[snot]

32. I've been wondering

whether the judge could issue an order or perhaps a series of carefully tailored orders that prohibit both sides from talking about the case equally and to the same degree.

Or maybe that's what the judge is already doing?

I'm concerned that it really does look unfair if the prosecution can talk about the case as much as they like but Trump & his lawyers can't. And maybe the prosecution isn't talking as much or at all anyway, or at least not saying inflammatory things; but in that case, making all such orders equally applicable to both sides won't hurt anything and will look more fair.

[crazylikafox]

33. Send him back to Trump Tower with an ankle bracelet

Someone on tv yesterday (I don’t remember who) suggested that. I like that idea. Let him stew for a week or so until he stops intimidating the jury and witnesses.

[Boomerproud]

34. I'm perplexed too. Anger is starting to set in after hearing no decision today.

[senseandsensibility]

39. I don't know if I am at the anger stage yet

but I'll be curious to hear Andrew Weissman's take.

[republianmushroom]

43. Not much, monetary fine but that is all.

[BlueKota]

44. I know it doesn't work this way, but I would love it

if for each time the asshole violates the gag order, the judge could subtract by the same number, from the amount of time Trump's lawyers have to rebut the prosecutions case against him.

[ecstatic]

46. Judge Cordell on Chris Hayes shared a great idea:

Order trump to be incarcerated but stay(?) the actual serving of the sentence until after the trial. Then determine during the trial how much time he will serve in jail after the trial.

She said, if we can put a man on the moon, then surely we can control a man inside and outside the courtroom.

She also said that any fines that are imposed should be paid by trump himself, not a pac.

I really hope Judge Merchan was watching.

[senseandsensibility]

47. I was very impressed with her too

Didn't catch her name, but she was not having it. And that was a very good idea.

[MichMan]

55. So even if he isn't found guilty, he still has to serve jail time?

That might be interesting

[senseandsensibility]

60. Yeah, it's not completely without complications

but surely it's better than letting him run amok?

[WiVoter]

50. I Wonder What Judge Samuel L. Jackson Would Say?

I can only imagine. 😎

[Tree Lady]

57. My wish is during this jail time

wherever it is, he has no visitors, no internet or cell phone and has to eat only jail food for a week. I think he might keep his mouth shut after that.