Today New York Judge Merchan held Donald Trump in criminal contempt of court for violating the court’s gag order nine times.
The Court finds Defendant in criminal contempt for willfully disobeying a lawful mandate of this Court in violation of Judiciary Law Section § 750(3) on nine separate occasions.
You can read Judge Merchan’s full ruling HERE.
While the judge's holding Trump in contempt is technically not viewed as a "conviction" it is nonetheless a finding that Trump committed a crime. A crime punishable by a fine of $1,000 for each offense and 30 days in jail. New York Judiciary Law § 175(1).
Judge Merchan imposed the maximum statutory of fine of $1,000 per offense, or $9,000. Merchan indicated some frustration, believing the fine should better reflect the defendant’s wealth, but he determined the court did not have the discretion to do more. That frustration led Merchan to suggest jailing Trump must remain a consideration.
Because this Court is not cloaked with such discretion, it must therefore consider whether in some instances, jail may be a necessary punishment. THEREFORE, 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.
I write to suggest that there may be a completely independent basis to jail Trump. Trump's conditions of release from the insurrection case in the District of Columbia clearly state, as one such condition, that Trump "must not violate federal, state, or local law while on release."
The word "crimes" is not even in there. It's just any law. Nor does it require a conviction. A New York judge has determined that Trump committed the crime of criminal contempt nine times, with four more pending consideration and hearing on Thursday. Trump is in clear violation of his conditions for release for the charges pending in Washington D.C., and in theory this provides a basis to revoke his release.
If this were to happen it would start with a motion from Special Prosecutor Jack Smith to revoke Trump's release. Federal Judge Chutkan would then likely order briefing and a hearing on the question.
The bottom line, though, is that none of this will happen. Smith will not seek to revoke Trump's release and the judge would not grant it if he did. That this possibility is not, and will not, even receive serious consideration is the real point here. If this was not Donald Trump the possibility of revoking release would be very real, especially because his efforts to intimidate witnesses in New York case could intimidate other witnesses who might testify against him even in unrelated cases.
The point here is that Donald Trump is indeed receiving special consideration that would not be afforded other defendants. This is yet another example of a two tier system of justice, one favoring Donald Trump. It is another example of Trump not be held to account for that which others would be.
As a final addendum, Judge Merchan’s decision above is the third New York court to determine that Donald Trump committed crimes. For those wishing to keep score they are:
This is the man MAGA believes will save America.
