BREAKING: Jail on the table for Trump for contempt at criminal trial

The Legal Breakdown with BTC & Glenn Kirschner
15 Apr 202412:40

Summary

TLDRThe legal breakdown discusses the possibility of Donald Trump facing jail time for violating his gag order during his criminal trial in New York. Judge Maran is considering holding Trump in contempt, with potential sanctions including fines and up to 30 days in jail for each violation. The hearing is set for a week later, raising questions about further violations and the judge's strategy. The hosts predict a swift decision by Judge Maran, emphasizing the importance of the case and its impact on the trial's proceedings.

Takeaways

  • 🚨 Judge Maran is considering holding Trump in contempt for violating his gag order.
  • 🗣️ Trump's violations of the gag order involved prohibited topics such as witnesses and the judge's family members.
  • 📅 A show cause hearing has been scheduled for Trump to explain his alleged violations of the gag order.
  • 🔍 The prosecutor has requested the hearing to be held sooner due to potential ongoing violations.
  • 💰 Under New York law, a contempt of court violation can result in a fine of up to $1,000 per violation.
  • 🔗 Each violation can also lead to a jail term of up to 30 days, which could apply to Trump's multiple violations.
  • ⚖️ Judge Maran's decision on whether Trump violated the gag order and the appropriate sanction will be crucial to the trial's integrity.
  • 📆 The hearing is set for a week away, potentially allowing more violations and further legal complications.
  • 🛑 A contempt hearing could last about an hour, with a decision likely rendered immediately or shortly thereafter.
  • 🥊 Trump's potential jailing could be challenged, but it's unlikely to halt or slow down the trial proceedings.

Q & A

  • What is the subject of the first criminal trial in New York involving Donald Trump?

    -The subject of the trial is not explicitly stated in the transcript, but it discusses a gag order violation and the possibility of Trump being jailed for contempt.

  • What is a gag order and why was it issued in this case?

    -A gag order is a legal restraint on the public disclosure of information about a case to prevent prejudicial effects on potential jurors or civil order. It was issued in this case to prevent Donald Trump from discussing certain matters related to the trial, including witnesses and the judge's family.

  • What is the penalty for violating a gag order under New York state law?

    -Under New York state law, violating a gag order can result in a monetary fine of up to $1,000 for each violation and/or up to 30 days in jail for each violation.

  • What is the concern with scheduling the contempt hearing a week and a half later?

    -The concern is that the delay might allow Donald Trump additional time to violate the gag order further, which could complicate the legal proceedings.

  • What is the typical approach of a judge when dealing with a defendant's violation of a court order?

    -Judges typically deal with violations incrementally, starting with a warning, then a fine for subsequent violations, and finally, a jail sentence if the violations continue.

  • Why was the hearing not held immediately after the violation was noted?

    -According to New York Judiciary law section 751, if contempt does not occur in the judge's presence, there must be notice and an opportunity for the defendant to present a defense, which requires a delay.

  • What is the expected duration of the contempt hearing?

    -The contempt hearing is estimated to take about an hour, involving the presentation of evidence regarding the violation and a defense from the accused.

  • How soon is Judge Maran expected to render a decision after the hearing?

    -Judge Maran is expected to render a decision immediately after the hearing concludes or possibly later the same day or the following day.

  • What are the implications of Donald Trump attacking witnesses like Michael Cohen on social media?

    -Attacking witnesses on social media is a clear violation of the gag order and can undermine the rule of law, potentially emboldening Trump and endangering witnesses.

  • Is there a possibility that jailing Trump could be appealed?

    -While Trump could file for a writ of mandamus or habeas corpus, it is unlikely that a decision to jail him for contempt would be immediately appealable, and any appeal would not stop or slow down the trial.

  • What could potentially halt the trial, according to the discussion?

    -The only thing that could potentially halt the trial would be an appellate court ruling suggesting that Trump should not be prosecuted at all, such as an issue of absolute presidential immunity.

Outlines

00:00

🔍 Legal Breakdown: Trump's Criminal Trial and Gag Order Violations

The video script begins with an introduction to the legal breakdown of Donald Trump's first criminal trial in New York. The focus is on the potential consequences of Trump violating his gag order, which prohibits him from discussing the trial's witnesses and the judge's family members. The script discusses the possibility of Trump being held in contempt and the two potential sanctions under New York law: a monetary fine or jail time. The conversation highlights Trump's repeated violations and the prosecutor's request for a show cause hearing to determine the appropriate punishment. The segment ends with speculation on the timing and outcome of the hearing, emphasizing the likelihood of jail time for each violation.

05:01

📅 Schedule and Procedures: Trump's Contempt Hearing and Judicial Process

This paragraph delves into the scheduling of the contempt hearing for Trump, set a week and a half away from the day of the script. It discusses the rationale behind the delay, referencing New York's Judiciary Law, which requires notice and an opportunity for the defendant to present a defense if the contempt did not occur in the judge's presence. The segment also explores the potential duration of the hearing and the speed at which the judge might impose a decision. The conversation suggests that the hearing will likely be concluded within an hour and that the judge's decision may be rendered immediately or within a day after the hearing. The paragraph concludes by reiterating the importance of a sanction to uphold the rule of law and the integrity of the legal proceedings.

10:02

🚨 Contempt and Gag Order Violations: Impact on Witnesses and Legal Strategy

The final paragraph of the script addresses the implications of Trump's potential contempt charge and the impact of his violations on the witnesses involved in the trial. It suggests that Trump's actions may deter witnesses from testifying and endanger their willingness to come forward. The conversation also touches on the possibility that Trump is intentionally violating the gag order to position himself as a victim and potentially challenge any jail time imposed by the judge. The script concludes with an assertion that even if Trump files an appeal, it would not halt the trial, and the legal team remains confident in the likelihood of a sanction being imposed for the violations.

Mindmap

Keywords

💡Donald Trump

Donald Trump is the 45th President of the United States and the central figure in the video's discussion. He is currently facing a criminal trial in New York, which is the focus of the legal breakdown provided in the transcript. His potential violation of a gag order and the consequences he may face are the primary subjects of the video.

💡Criminal Trial

A criminal trial is a formal court proceeding in which a person accused of a crime is adjudicated. In this video, it refers to the ongoing trial of Donald Trump in New York, which is the context for discussing the gag order and contempt charges.

💡Gag Order

A gag order is a legal restraint on the public disclosure of information about a case that's before the court. In this video, it is mentioned that Donald Trump is accused of violating such an order by discussing prohibited topics, such as witnesses and the judge's family members.

💡Contempt of Court

Contempt of court refers to the offense of being disobedient to or disrespectful towards a court of law. The video discusses the possibility of Donald Trump being held in contempt for violating the gag order, which is a significant legal issue in the trial.

💡Judge Maran

Judge Maran is the presiding judge in Donald Trump's criminal trial in New York. The video discusses his role in considering whether to hold Trump in contempt for violating the gag order and the potential sanctions he might impose.

💡Show Cause Hearing

A show cause hearing is a legal proceeding where a party must demonstrate to the court why a particular action shouldn't be taken against them. In this context, it is requested by the prosecutor to have Trump explain why he should not be held in contempt for violating the gag order.

💡Sanction

A sanction is a penalty or measure imposed for disobedience to a law or rules. The video discusses potential sanctions for contempt of court, which could include a monetary fine or jail time, in relation to Trump's alleged violations.

💡Truth Social

Truth Social is a social media platform where Donald Trump allegedly posted content that violated the gag order. The video mentions this platform as the medium through which Trump attacked witnesses, which is a point of contention in the legal proceedings.

💡Michael Cohen

Michael Cohen is a principal witness in the case against Donald Trump. The video mentions him as one of the individuals that Trump attacked on Truth Social, which is considered a violation of the gag order.

💡Jail Time

Jail time refers to the period a person is required to serve in jail as a result of a legal conviction. The video discusses the possibility of Donald Trump facing jail time as a sanction for contempt of court if he is found to have violated the gag order.

💡Appeal

An appeal is a legal procedure by which a case is brought for review because it is believed the decision was incorrect. The video touches on the potential for Trump to appeal a decision of contempt, although it is suggested that such an appeal would not be immediately successful or halt the trial.

Highlights

Day one of Donald Trump's first criminal trial in New York is underway.

Two legal breakdown episodes are planned for today, covering the trial's updates and surprise jury news.

A major update discusses the possibility of Trump being jailed for violating his gag order.

Judge Maran is considering holding Trump in contempt for violating the gag order.

Trump's violations of the gag order have occurred multiple times leading up to the trial.

Prosecutors have requested a show cause hearing to address Trump's alleged violations of the gag order.

The scheduling of the hearing a week and a half later raises concerns about further violations.

Under New York law, sanctions for violating a court order include a fine and up to 30 days in jail.

Judge Maran may opt for an incremental approach, starting with a warning and escalating to fines and potential jail time.

The upcoming hearing is estimated to last about an hour, with a decision likely rendered immediately after.

The clear violations of the gag order, such as attacking witnesses, are expected to be addressed by Judge Maran.

Trump's potential motivations for delaying the trial and daring the judge to jail him are discussed.

An appeal of a contempt ruling may not halt the trial, even if Trump pursues legal avenues.

The trial's progress is unlikely to be stopped, except by an intervention on a significant legal issue, such as presidential immunity.

The legal breakdown will provide exhaustive coverage of the entire trial, with updates on the contempt hearing.

The hearing on whether Trump will be held in contempt is set for the coming Thursday.

The potential impact of the gag order violations on the witnesses and the integrity of the trial proceedings is a concern.

Transcripts

00:00

you're watching the legal breakdown so

00:01

we are at day one of Donald Trump's

00:03

first criminal trial in New York we're

00:05

going to have two legal breakdown

00:06

episodes today the first is to discuss a

00:08

major update on the prospect of trump

00:10

being jailed for violating his gag order

00:12

that's right now and the next episode

00:14

today is going to cover some major news

00:15

on the rest of day one including some

00:17

surprise jury updates so if for the

00:19

viewers if you want to follow along with

00:21

that episode and more please subscribe

00:23

because we'll be doing exhaustive

00:24

coverage of this entire trial the link

00:26

is right here on the screen or you can

00:27

just hit the Subscribe button down below

00:29

and of course you can also find find the

00:31

link to Glenn's channel in the post

00:32

description of this video too so Glenn

00:35

judge michan is now considering holding

00:37

Trump in contempt for violating his gag

00:39

order and we've covered those violations

00:41

prior to this clearly Donald Trump

00:43

didn't anticipate this walk us through

00:44

what contempt hearings would look like

00:47

yeah Brian it's really hard to believe

00:49

that Donald Trump will not end up in a

00:52

jail cell for contempt if judge Maran

00:55

applies the law to him the way it would

00:57

be applied to anybody else so here's

01:00

what's going on Judge Maran has put a

01:02

gag order in place prohibiting Donald

01:04

Trump from talking about among other

01:07

things um the witnesses and the judge's

01:10

own family members and of course Donald

01:13

Trump has violated that gag order that

01:16

prohibition several times over in the

01:18

runup to the trial so here's what

01:21

happened today the prosecutor said judge

01:23

we want a hearing we want you to issue a

01:26

show cause hearing we've talked about

01:28

those previously to have Donald Trump uh

01:31

convince you that he didn't violate the

01:34

gag order and or he should not be

01:37

punished if he did so the only quibble I

01:40

have right now with the way judge Maran

01:43

is handling this issue is he set it a

01:46

week and a half down the road that's a

01:48

problem because does that give Donald

01:50

Trump another week and a half to violate

01:53

the gag order before he is ever made to

01:55

heal before he is ever like compelled

01:58

required to actually obey the law the

02:01

way any of us would have to obey the law

02:04

so as of right now I believe they're

02:06

going to take this up on Thursday I

02:09

think it's the 23rd yes and they will

02:12

decide one whether Donald Trump violated

02:16

the gag order spoiler alert he did and

02:19

then two far more importantly what is

02:22

the punishment what is the sanction now

02:25

under New York law there are two

02:27

possible sanctions one is a money fine

02:30

the problem here is the New York state

02:32

law provides only for up to

02:35

,000 for each violation of a court order

02:39

so what will that mean to Donald Trump

02:41

it will mean exactly nothing far more

02:45

importantly each violation of a court

02:47

order each violation of the gag order

02:49

can subject the person to up to 30 days

02:53

in jail so what I suspect judge Maran

02:55

will do is say okay you violated the gag

02:58

order let's just say five times I think

03:01

the prosecution presently said um at

03:03

least as of this morning's court session

03:06

we see at least three violations of the

03:08

gag order um so judge Maran could impose

03:11

a $1,000 fine for each violation of the

03:14

gag order but far more importantly he

03:17

will have available as a lawful sanction

03:20

under New York state law the the ability

03:22

to put him in in jail for up to 30 days

03:25

for each violation will it come to that

03:28

I have to believe knowing who Donald

03:30

Trump is knowing his inability to

03:33

control himself knowing his recklessness

03:36

he could very well find himself in a New

03:39

York jail cell during the pendency of

03:42

this trial Glenn do you think we'll see

03:44

some type of hybrid approach where maybe

03:46

judge Maran imposes the fine which is

03:48

basically tant amount to nothing but

03:50

will serve as a warning and then say if

03:52

we see another violation then I will

03:54

Avail myself of the opportunity to throw

03:56

you in jail yeah absolutely it's like

03:58

you've been in court before Brian

03:59

because that's exactly what judges do

04:02

they do it incrementally the first

04:05

violation they will ordinarily say I'm

04:07

giving you a warning the second

04:09

violation they will say you're fined

04:11

$1,000 and let me put you on notice

04:15

defendant Trump if you violate again

04:18

after this money find has been imposed

04:20

you will be put in a jail cell do you

04:24

understand and Donald Trump will you

04:27

know Mumble that he understands it's

04:29

kind of like he mumbled through some of

04:31

his answers today in court um so judges

04:34

love to do it incrementally they like to

04:36

give a defendant enough rope to sort of

04:39

I I hate to use the phrase hang himself

04:41

but um because appell at courts like to

04:44

see that kind of incremental approach

04:46

where you're giving a defendant every

04:49

opportunity to comply with a court order

04:52

and if a defendant just steadfastly

04:54

continues to violate court orders that

04:58

is when they find themselves in a jail

05:00

cell Glen just real quick on the fact

05:02

that this is still um that we still have

05:04

a week before this hearing is actually

05:06

going to be held to determine whether or

05:08

not Trump will be held in contempt is

05:10

that kind of Judge michon handing Trump

05:12

more rope to again to use that phrase to

05:14

hang himself with by allowing him to

05:16

commit more of these violations which

05:17

would only further hurt him when these

05:19

uh when this hearing actually does

05:21

happen you know there's actually a

05:23

specific reason that I think judge Maran

05:25

put this off for a week or a little over

05:28

a week now the new New York law it's

05:30

actually I think it's called Judiciary

05:32

law section 751 says if the contempt

05:36

happens in the presence of the judge in

05:37

other words if Donald Trump were to do

05:39

something in court that would constitute

05:41

a violation of not just the gag order

05:44

but of any court order then the judge

05:46

can summarily hold the person in court

05:49

fine them and even order them into a

05:52

jail cell but that's only if the

05:54

contempt happens in the judge's presence

05:57

this didn't you know even in this day

05:59

age you can say well everything you post

06:01

online kind of happens in everybody's

06:04

presence the law is all is often very

06:07

slow to catch up to the realities of the

06:10

internet age so the New York state law

06:13

says if it doesn't happen in the court

06:16

or in the judge's presence then there

06:19

has to be notice and there has to be an

06:21

opportunity for the defendant to present

06:24

a defense I think what judge Maran um

06:27

decided is listen court is up and

06:30

running Monday Tuesday Thursday Friday

06:33

he could have tried to squeeze it in

06:35

this Wednesday but then the defense

06:37

attorneys might have said listen the law

06:39

says we have you know we get notice and

06:41

an opportunity to defend and we can't be

06:43

ready this Wednesday so ultimately judge

06:46

Maran first set it for next Wednesday a

06:49

week and two days down the road but then

06:51

the prosecutor said actually judge can

06:53

we do it Thursday morning at 9:30

06:55

instead of on that Wednesday and here's

06:58

why they said that I know I've been in

06:59

this situation they've probably packed a

07:02

bunch of Witnesses in for witness prep

07:05

on each Wednesday as the trial

07:08

progresses so they were probably

07:10

counting on the judicial schedule as

07:12

previously announced by judge Maran

07:15

giving them Wednesdays off so 9:30

07:18

Thursday morning a week from this coming

07:20

Thursday we will see what the hearing

07:23

involves and importantly we will see

07:26

what sanction judge Maran chooses to

07:28

impose two quick questions on that how

07:31

long will that hearing last and how

07:33

quickly will it take for judge Maran to

07:35

impose his decision so you know criminal

07:38

contempt hearings are kind of a rare

07:40

bird they don't happen every day so I am

07:43

going to give you my best estimate that

07:45

it will probably be a hearing that will

07:47

take about an hour it won't involve

07:49

anything more than you know the

07:51

prosecution offering Donald Trump's

07:54

posts or statements that he made that

07:56

violated the gag order and the defense

07:59

trying to come up with some you know

08:01

explanation as to why well if it was a

08:04

post it wasn't really Donald Trump

08:06

posting it and how many of us are going

08:08

to believe that or if he was caught

08:10

saying it at a rally for example or you

08:13

know on one of the faux uh faux news

08:15

station interviews it's going to speak

08:17

for itself so I think the the hearing

08:20

can probably be accomplished in about an

08:22

hour or so I have a feeling it will be a

08:25

decision that is rendered the minute the

08:28

hearing concludes so will probably be

08:30

contemporaneous with the hearing itself

08:33

unless there is actually some evidence

08:35

that's been presented either by the

08:37

prosecutors or the defense that the

08:39

judge has to mul over or he might have

08:41

to go back and read up on some case law

08:44

precedent if a legal issue is raised and

08:47

contested by the parties but I have a

08:49

feeling it will be he will rule either

08:52

from the bench at the end of the hearing

08:54

itself or maybe later in the day or at

08:57

the latest maybe the following day all

08:59

of this is my sort of best guess knowing

09:02

how judges ordinarily operate okay now

09:05

on the gag order itself the violations

09:07

seem pretty cut and dry like he was told

09:09

not to attack Witnesses and he posted

09:11

right there on Truth social attacking

09:12

Michael Cohen for example who is a

09:13

principal witness in this case is there

09:15

any reason why judge michon would opt

09:18

not to side with the Manhattan da here

09:21

no it it really does undermine the rule

09:24

of law and the confidence that the

09:27

people have in uh the Integrity of the

09:30

proceedings so I cannot Envision judge

09:34

Maran reading those posts that we all

09:37

saw we saw him attack Michael Cohen a

09:39

known witness attack stormmy Daniels a

09:42

known witness um so I have to believe

09:45

judge mhan will absolutely say that's a

09:47

violation of the gag order and really

09:49

the only thing left is what is the

09:51

appropriate sanction and there has to be

09:54

a sanction because if there's no

09:56

sanction what are you doing you are

09:58

emboldening Donald Trump to you know

10:01

engage in even more Reckless rhetoric

10:04

and posts and speeches all of it is

10:07

endangering the witnesses and I think

10:10

chilling the witnesses from being

10:12

prepared to come forward take the stand

10:15

and testify about what they know

10:17

regarding the crimes of Donald Trump

10:19

Glenn Trump seems hellbent on delaying

10:22

everything obviously is there a world in

10:24

which he's basically daring judge michon

10:26

to jail him so that he can either

10:28

challenge it an appeals court or so that

10:30

he could further frame himself as the

10:32

victim here you know I don't think it

10:35

would be an appealable decision if judge

10:38

Maran found that he violated the court

10:40

order and imposed a sanction that

10:43

included sometime in jail I don't think

10:46

that is an instantly appealable issue

10:49

what he could do is file a special kind

10:52

of appeal called a RIT for either a

10:55

petition for a RIT of mandamus or habius

10:57

Corpus delivered the body of the person

10:59

who's being detained unlawfully he can

11:02

try that but um I I don't know that it

11:05

would be an appealable issue but what I

11:07

am confident of Brian is even if he had

11:10

an appeal available to him an instant

11:12

appeal of that it wouldn't stop the

11:15

trial it wouldn't even slow down the

11:17

trial you know his attorneys would have

11:18

to multitask the trial would continue

11:22

because now really the only thing that

11:24

would stop this trial from progressing

11:28

is you if somehow the appell at court

11:31

swooped in came up with some you know

11:34

ruling that suggested he shouldn't be

11:36

prosecuted at all like an absolute

11:38

presidential immunity issue which is

11:40

what brought Donald Trump's DC federal

11:43

prosecution to a screeching halt and the

11:45

thing is there are no issues left uh in

11:48

the New York State prosecution so let

11:51

him appeal away let him file for

11:53

whatever extraordinary rits he might

11:56

think apply in the event he's jailed as

11:59

a punishment for his contempt of court

12:02

but he'll be fighting a losing battle in

12:04

my opinion okay uh and of course we will

12:06

stay on top of this as this issue in

12:08

particular continues to progress so keep

12:10

an eye out for our coverage uh not only

12:12

of the entire trial but especially on

12:14

Thursday when this issue of Donald Trump

12:16

being held in contempt uh actually gets

12:18

uh litigated in the courtroom so for

12:20

those watching right now if you want to

12:21

follow along please make sure to

12:22

subscribe again we will be doing

12:23

exhaustive coverage of this trial so the

12:26

links to both of our channels are right

12:27

here on the screen make sure to click

12:28

subscribe on both of those links I'm

12:30

Brian Tyler Cohen and I'm Glenn kersner

12:32

you're watching the legal breakdown

12:36

[Music]

Rate This

5.0 / 5 (0 votes)

Etiquetas relacionadas
TrumpTrialContemptChargesGagOrderLegalBreakdownNewYorkLawCourtProceedingsMediaCoverageLegalAnalysisJailSanctionsLegalDrama
¿Necesitas un resumen en español?