After listing Donald Trump’s 10 alleged violations of the gag order, prosecutors asked the defendant to remind him that incarceration is a possibility if he continues. Trump’s lawyers couldn’t defend their client’s actions, so they resorted to claiming it was a political speech and that no one had stopped him from reposting things, so he thought it was okay. The judge was unimpressed and warned the defense that they were losing all credibility with the court.
Before day two of Donald Trump’s first criminal trial got underway, the issue of his possible contempt of court by violating the silence order was discussed.
Judge Merchan began by noting that the burden is on the prosecution to prove that defendant Trump committed contempt. Trump is accused of violating the gag order 10 times, on his Truth Social account and on his official campaign site. The orders are the April 1 order to show cause filed by the prosecutor and a second order dated April 18.
“Prosecution: Trump Violated Extended Silence Order TEN TIMES. Eight of them were on his Truth Social account and two were on his official campaign website,” MSNBC’s Katie Phang said.
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“ADA Christopher Conroy: The court found that the ‘types of extrajudicial statements’ Trump made pose a ‘very real threat’ to the integrity of the proceedings. Yesterday, ‘here in this building, just outside those doors […] the defendant violated the order again on camera,” MSNBC’s Adam Klasfeld reported.
He further reported that prosecutors said they would file a new application for a warrant later on Tuesday to prove the alleged violation from the night before.
“The prosecutor says Trump appears to think, ‘No one is off limits to this suspect, and he can attack and intimidate anyone he wants.’”
The alleged violations at issue Tuesday morning are as follows, as reported by Klasfeld:
Conroy took up the defense’s narrative that this is Trump’s free political speech, saying that putting MAGA in a post actually makes it more ominous: “Putting ‘MAGA’ in a post doesn’t make it political. It might make it even more ominous.”
But in the end, the prosecutor is not asking that the defendant be jailed, but that he be warned again, in addition to the fines that Trump can so easily pay and which are not a deterrent.
“Prosecutor: The Court may fine Trump $1,000 for each violation or imprison him for up to 30 days.
We ask that you face a maximum fine of $1000 for each violation. Have him delete all offensive messages. Finally, warn the defendant that his behavior will not be tolerated and that incarceration is an option,” reported Katie Phang.
Andrew Weissman made it clear on MSNBC Monday night that Trump is being treated far better than any other defendant would in these circumstances, and this appears to be yet another example of the extraordinary privilege afforded to the former president.
After Rachel #Maddow plays audio tonight of Trump jury tampering, Andrew Weissmann said: “We’ve seen the justice system bend a little bit to accommodate Donald Trump so far. He is not treated any worse. He is treated so much better.” pic.twitter.com/lXhI5d3sbB
— Sarah Reese Jones (@PoliticusSarah) April 23, 2024
Trump’s lawyer argued that the suspect did not violate the gag order, that he knows what it said and that his speech was political.
Here’s a copy of what the gag order says:
ORDERED, that the order of the Court dated March 26, 2024 is modified as indicated below.
Defendant is requested to refrain from:
A. Making or directing others to make public statements about known or reasonably expected witnesses regarding their possible participation in the investigation or in these criminal proceedings;
B. Making or encouraging others to make public statements about (1) counsel in the case, other than the prosecutor, (2) members of the court staff and the staff of the prosecutor justice, or (3) the family members of counsel, staff members, the court or the public prosecutor, if these statements are made with the intent to materially impede the work of counsel or staff in this criminal case, or to incite others to materially interfere, or with the knowledge that such interference is likely to result; And
B. Making or directing others to make public statements about a potential juror or juror in these criminal proceedings.
George Conway summarized the defense’s argument by saying, “Blanche is all but arguing that there is a ‘candidate for president’ exception to the silence order, which specifically targets the man running for the defendant. Merchan now becomes angry at Blanche’s indifference and avoidance.’
Trump sits there with a frown on his face while his lawyer “struggles to respond,” Phang said.
Judge Merchan “calls out Trump’s lie” about the timing of his “response” to a years-old statement from Stormy Daniels that Trump said had just been found, Conway said.
When the judge asked for case law that supports Trump’s position and does not violate the gag order, Blanche said, “I don’t have any cases.” It’s just common sense.”
Spoiler: It is not common sense that you can avoid responsibility for what you amplify by simply blasting someone else’s words at your supporters while under a gag order.
Trump’s lawyer tried to argue that because no consequences had been identified thus far, he felt it was okay to repost. “Blanche says he is trying to argue that Trump’s history of reposting has gone “unchecked” by the prosecutor or the court. That history is about Trump’s stubbornness, he says.
The point seems to be that Trump thought reposting was okay because he had done it before without any consequence,” Anna Bower reported.
This was answered by the judge who told him: “You lose all credibility with the court.”
The judge also told Trump’s lawyer that his client had “manipulated” what Jesse Waters said, so on top of Trump not only dismissing others’ comments, he also manipulated what they said.
The judge seems unimpressed by the defense’s arguments, but again, as Weissman’s actions emphasized, the former president is given more leeway than any other defendant. The argument that he can intimidate jurors and attack the judge and his family because they are political statements is indicative of Donald Trump’s modus operandi. This is a man who, as president, has incited an attack on his own country for ‘political’ reasons.
If being “political” is a literal way to get out of jail free, then the Republican Party can be proud of having started a trend among criminals to run for president.
The court is in recess until 11:00 am. The judge said he would defer a decision on the alleged violation of the silence order, which Anna Bower said means he will think about it and announce a decision some time later.
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