The federal judge overseeing E. Jean Carroll‘s civil lawsuit alleging Donald Trump raped and defamed her, on Wednesday strongly warned the ex-president’s attorney just hours after Trump had made several negative social media posts attacking the lawsuit and his accuser.
Now a well-known former federal prosecutor is explaining the judge may have something stronger in mind than contempt of court.
Wednesday morning, before the trial got underway, U.S. District Judge Lewis Kaplan warned Joe Tacopino, Trump’s attorney, his client’s remarks on social media were “entirely inappropriate,” as Law & Crime’s Adam Klasfeld had reported.
Tacopino promised to have a talk with Trump.
That apparently did not solve the problem.
“Carroll’s lawyer notes the Eric Trump tweeted about him,” Klasfeld reported later Wednesday afternoon, referring to Trump’s son Eric. “After that, Kaplan issues a stern warning to Tacopina, saying the posts could put the ex-prez and ‘conceivably’ his son ‘in harm’s way.'”
“If I were in your shoes, I’d be having a conversation with your client,” Judge Kaplan said, as Law & Crime’s Adam Klasfeld reported.
Kaplan added, “there are some relevant United States statutes here and somebody on your side ought to be thinking about them.”
When Kaplan first warned Tacopino Wednesday morning, some assumed he might have been suggesting possible contempt of court charges for Trump, should the ex-president continue.
Former U.S. Attorney Joyce Vance, now a professor of law, MSNBC contributor, and podcaster says Judge Kaplan might be thinking of something more substantial.
“The judge in the E Jean Carroll trial is taking Trump’s derogatory social media posts from this morning seriously,” Vance writes. “His reference to other federal statutes is likely to the 18 USC 1500 series of obstruction of justice crimes.”
Cornell Law School’s Legal Information Institute explains, “Obstruction of justice broadly refers to actions by individuals that illegally prevent or influence the outcome of a government proceeding. While the quintessential example of obstruction of justice involves tampering in a judicial proceeding, there are numerous laws on obstruction of justice, covering all branches of government and targeting different kinds of obstruction.”