New York Supreme Court Justice Juan Merchan found Donald Trump in criminal contempt of court for nine violations of his gag order, and served up a threat of time behind bars if he continues down that path. Some legal experts say Merchan’s punishment could have been broader or stronger, while others called it a “smart move.”
Justice Merchan fined Trump $1000 per violation, the maximum allowed under New York law, and warned the ex-president he could face time in jail if he continues to violate the order.
“Defendant 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,” Justice Merchan wrote.
Merchan also gave Trump until 2:15 PM to remove the nine social media and campaign website posts that violated his gag order.
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“Trump will see Justice Merchan’s $9,000 fine for violating the gag order as a reasonable cost for the ability to continue attacking the judge, court and rule of law. It won’t stop him,” warned Bloomberg Opinion executive editor Tim O’Brien, who is the author of a 2005 book on Trump.
Calling the opinion “well-reasoned” and “balanced,” professor of law Ryan Goodman, a former Special Counsel for the U.S. Dept. of Defense, made a point of noting its historic nature:
Professor of law and former FBI General Counsel Andrew Weissmann lamented Justice Merchan’s missed opportunity.
“Judge missed an opportunity to impose a monitor over his social media posts and to suggest the penalty will be considered at end of trial.”
But national security attorney Brad Moss praised the punishment in Merchan’s contempt finding.
“Smart move by Merchan. This is the first criminal contempt finding. It’s a warning to Trump that the games won’t be tolerated. If he does it again, and Merchan does have to cross the rubicon and jail him, it strengthens Merchan’s argument on appeal.”
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