BREAKING UPDATE on prospect of jailing Trump for contempt in NY trial

The Legal Breakdown with BTC & Glenn Kirschner
17 Apr 202411:47

Summary

TLDRThe video script discusses the potential legal consequences for Donald Trump in relation to his ongoing trial. It highlights a motion filed by the Manhattan District Attorney, Alvin Bragg, seeking to hold Trump in contempt for violating a gag order. The court's stance is firm, emphasizing that no one, including the former president, is above the law. The discussion suggests that Judge Maran may impose a $3,000 fine for the contempt and warn of jail time for any subsequent violations. The hosts contemplate the political implications of Trump possibly violating the gag order intentionally to play the victim and fundraise off his detainment. The summary also notes the procedural requirement for a hearing on April 20th, where Trump could face criminal contempt charges for the first time.

Takeaways

  • 📰 **Breaking News**: Donald Trump is facing the possibility of jail time for contempt in response to violations of his gag order.
  • 🚨 **Contempt Hearing**: The Manhattan District Attorney has filed a motion to hold Trump in contempt, seeking three counts against him for willful violations.
  • 💸 **Potential Punishment**: The initial punishment could include a fine of up to $1,000 per violation, with a total of $3,000, and a warning of jail time for subsequent violations.
  • 🚫 **Gag Order Violations**: Trump has been warned that any violation of the gag order will result in sanctions, emphasizing that no one is above the law.
  • 👨‍⚖️ **Judicial System**: The court aims to reassure the public and trial participants that it is committed to preserving the rule of law despite provocations.
  • 🤔 **Trump's Strategy**: There is speculation that Trump may intentionally violate the gag order to play the victim and fundraise off his potential jail time.
  • 📉 **Political Implications**: Trump's actions could be part of a strategy to garner sympathy and present himself as a victim in the court of public opinion.
  • ⏱️ **Timing of Contempt Hearing**: The hearing is scheduled for a later date as required by New York state law, which mandates notice and an opportunity to defend in cases of contempt not committed in court.
  • 🛑 **Previous Contempt Citations**: Trump has been held in civil contempt before by Judge Engoron in his New York fraud trial for violating gag orders.
  • 🛑 **Criminal Contempt**: This would mark the first time a former U.S. President could be held in criminal contempt, a significant legal milestone.
  • ✅ **Enforcement of Law**: Regardless of political motivations or fundraising potential, the judicial system is expected to enforce the law and maintain order during the trial.

Q & A

  • What is the breaking news regarding Donald Trump's trial?

    -The breaking news is the prospect of Donald Trump being jailed for contempt in response to the violation of his gag order.

  • What is the role of the Manhattan District Attorney in this scenario?

    -The Manhattan District Attorney, Alvin Bragg, has filed a motion seeking to have Judge Maran hold Donald Trump in contempt for three counts of violating the gag order.

  • What is the significance of the paragraph in the motion that the speaker wants to highlight?

    -The paragraph emphasizes that the court warned the defendant of sanctions for violating the gag order, and it asserts that no one, including the defendant, is above the law. It also calls for reassurance that the judicial system will protect all parties involved and preserve the rule of law.

  • What are the two avenues available to Judge Maran for punishing contempt?

    -Judge Maran can either impose a fine, capped at $1,000 per violation, or jail time, capped at 30 days per violation.

  • What does the Manhattan DA's motion request in terms of punishment for Donald Trump?

    -The Manhattan DA is requesting that Judge Maran hold Donald Trump in contempt for three counts, impose the statutory maximum fine of $1,000 on each count, and advise Trump that the next violation will result in jail time.

  • What are the potential implications of jailing Donald Trump for contempt?

    -Jailing Donald Trump could play into his narrative of being a victim, which he might use to fundraise and rally support. It could also endanger the lives of those involved in the trial, including witnesses, jury members, and legal professionals.

  • What is the typical process when a defendant violates a court order?

    -Typically, a judge will first give a stern warning, then impose a fine for the next violation, and finally, if the violations continue, the judge may order jail time.

  • Why might Donald Trump intentionally violate the gag order?

    -Donald Trump might violate the gag order to present himself as a victim and potentially fundraise off the situation, as being jailed could rally financial support from his supporters.

  • What is the maximum jail time that can be imposed for contempt under New York state law?

    -The maximum jail time that can be imposed for contempt under New York state law is 30 days for each count of contempt.

  • Why is there a delay until the hearing on April 20th?

    -The delay is due to New York state law, which requires that if contempt does not occur in the presence of the court, the defendant must be given notice and an opportunity to defend themselves.

  • What is the potential impact on the public's perception of the judicial system if Donald Trump is jailed for contempt?

    -Jailing Donald Trump could reinforce the public's belief in the rule of law and the judicial system's impartiality, showing that even a former president is not above the law.

Outlines

00:00

📰 Trump's Contempt Hearing and Gag Order Violation

The first paragraph discusses the potential legal consequences for Donald Trump during his trial, particularly regarding the violation of his gag order. The Manhattan District Attorney's office has filed a motion seeking to hold Trump in contempt, which could result in fines up to $1,000 per violation or jail time up to 30 days per violation. The motion emphasizes that no one, including Trump, is above the law and that the judicial system must protect participants and preserve the rule of law. The paragraph also suggests that Trump may be held in contempt three times and fined $3,000, with a warning that further violations could lead to jail time.

05:01

🚨 Judge's Response to Contempt Violations and Trump's Potential Strategy

The second paragraph explores how judges typically handle contempt of court violations and speculates on Judge Maran's possible actions. It is suggested that Judge Maran might forgo a stern warning and instead impose a $3,000 fine for the contempt of court, with a clear warning that subsequent violations could result in jail time. The discussion also delves into the political implications of Trump potentially violating the gag order again to appear as a victim and fundraise from his supporters. There is an analysis that Trump might intentionally violate the order to gain sympathy and financial support, despite the seriousness of being held in contempt.

10:01

📆 Scheduling of Contempt Proceedings and Legal Process

The third paragraph explains the reason for the delay in the contempt proceedings against Trump. It outlines the legal process required by New York state law when a contempt violation does not occur in the presence of the court. The district attorney's office has provided Trump with notice, and he will have an opportunity to defend himself at a hearing scheduled for 9:30 a.m. on Thursday, the 20th. The paragraph concludes with anticipation that Trump may become the first former president to be held in criminal contempt, following previous civil contempt rulings in his New York fraud trial.

Mindmap

Keywords

💡Contempt of Court

Contempt of court refers to the act of disobeying a court's order or disrupting court proceedings. In the video, it is a central theme as Donald Trump is potentially facing jail time for allegedly violating a gag order imposed by the court. The Manhattan DA has filed a motion seeking to hold Trump in contempt for his repeated violations, which is a serious legal matter that can result in fines or jail time.

💡Gag Order

A gag order is a legal restraint on public communication about legal proceedings, often imposed to prevent the dissemination of sensitive information that could prejudice a case. In the context of the video, it is mentioned that Trump has violated his gag order, which is a directive from the court to refrain from public statements about the case, leading to the current legal predicament.

💡District Attorney Alvin Bragg

District Attorney Alvin Bragg is the prosecutor involved in the case against Donald Trump. He is significant in the video as his office has filed the motion seeking to hold Trump in contempt of court. The role of the District Attorney is to represent the public interest in criminal proceedings and ensure that justice is served.

💡Judicial System

The judicial system refers to the courts, their procedures, and the process of administering justice. The video emphasizes the importance of the judicial system in maintaining the rule of law, particularly in the context of high-profile individuals like Donald Trump. It is highlighted that no one, including the defendant, is above the judicial system.

💡Rule of Law

The rule of law is the principle that law applies to everyone equally, including government officials and private citizens. It is a fundamental concept in the video, where the court is urged to protect the participants and the public by enforcing the gag order against Donald Trump, reinforcing that everyone is subject to the same legal standards.

💡Criminal Contempt

Criminal contempt is a legal concept where a person is held responsible for willful disobedience of a court order or for behavior that disrupts court proceedings. In the video, it is suggested that Donald Trump may be held in criminal contempt for his repeated and flagrant violations of the gag order, which could lead to sanctions including fines or imprisonment.

💡Fines and Jail Time

Fines and jail time are two potential punishments for contempt of court. The video discusses that Judge Maran has the option to impose a fine of up to $1,000 per violation or jail time capped at 30 days per violation. These are the two avenues the court may use to enforce the gag order and ensure compliance.

💡Public Safety

Public safety is the concern for the security and well-being of the general public. In the video, it is argued that Trump's violation of the gag order endangers the lives of those involved in the trial, including witnesses, jury members, and legal professionals. The court is urged to take action to ensure public safety is not compromised.

💡Fundraising

Fundraising in this context refers to the act of collecting financial contributions, often for a political campaign or cause. The video suggests that Donald Trump might use the possibility of being jailed as a means to raise funds from his supporters, thereby turning a legal predicament into a potential financial opportunity.

💡Political Implications

Political implications relate to the potential effects or consequences of an event on the political landscape. The video discusses how Trump presenting himself as a victim, possibly by being jailed, could influence public opinion and his political narrative, potentially affecting his electoral prospects or public image.

💡Victimhood Narrative

A victimhood narrative is a strategy where an individual or group portrays themselves as victims to gain sympathy or support. In the video, it is suggested that Trump may intentionally violate the gag order to create a narrative where he is a victim of what he might describe as an unjust legal system, thereby rallying his base and potentially increasing his support.

Highlights

Donald Trump is facing the prospect of being jailed for contempt in response to violating his gag order.

Manhattan District Attorney Alvin Bragg's office has filed a motion seeking to have Trump held in contempt three times.

The motion asks Judge Maran to hold Trump in criminal contempt for willfully disobeying a lawful mandate.

Trump is reminded that he is not above the law and cannot disregard judicial orders that upset him.

The public and participants in the criminal trial deserve reassurance that the judicial system will protect them and preserve the rule of law.

The Manhattan DA is seeking a $3,000 fine for each of the three counts of contempt and warns of jail time for the next violation.

The potential jail time for contempt under New York state law is capped at 30 days per violation.

The discussion suggests that Trump may be endangering the lives of those involved in holding him accountable for his crimes.

There is speculation that Trump may intentionally violate the gag order to present himself as a victim and fundraise off his potential imprisonment.

Judge Maran is expected to impose a $3,000 fine and warn Trump that another violation will result in jail time.

The political implications of Trump being jailed could play into his narrative of victimhood and election interference.

The legal process requires that Trump be given notice and an opportunity to defend himself, set for 9:30 a.m. on Thursday the 20th.

Trump has previously been held in civil contempt twice by Judge Engoron in his New York fraud trial for violating gag orders.

The hearing on April 23rd may result in a former president being held in criminal contempt for the first time.

The legal breakdown will provide comprehensive daily coverage of the Trump trial.

Viewers are encouraged to subscribe to the channels for the latest updates on the trial.

Transcripts

00:00

you're watching the legal breakdown so

00:02

we have a major piece of breaking news

00:04

to cover here on day two of Trump's

00:06

trial we have the prospect of Donald

00:07

Trump being jailed for contempt um and

00:10

this is of course in response to the

00:12

violation of his gag order but first I

00:14

would remind folks that if you're

00:15

watching and you want to follow along

00:16

with our coverage of the Trump trial

00:18

Please Subscribe we'll be doing

00:19

comprehensive coverage on a daily basis

00:21

so the links right here on the screen

00:23

and also in the post description of this

00:24

video uh Glenn yesterday we discussed

00:26

Trump being fined or jailed as a result

00:29

of his up coming contempt hearing next

00:31

week for violating his gag order we've

00:33

now got news on that front thanks to a

00:35

motion that was filed by the Manhattan

00:36

da what is he looking to do to Trump

00:39

yeah Brian it is getting very bumpy for

00:41

Donald Trump in his first criminal trial

00:44

because district attorney Alvin brags

00:46

prosecutors made the formal ask they

00:49

filed a motion seeking to have um judge

00:53

Maran hold Donald Trump in contempt

00:56

three times three counts and what I

00:58

really want to start with is just one

01:00

short paragraph in the motion asking

01:03

judge Maran to hold Donald Trump in

01:05

contempt because I think it sort of

01:07

beautifully sums things up they say this

01:11

court warned defendant that any

01:13

violation of this gag order will result

01:16

in sanctions under New York state law

01:18

this court should now hold defendant in

01:20

criminal contempt for willfully

01:22

disobeying a lawful mandate defendant is

01:25

not above the law and he cannot simply

01:28

disregard judicial orders that upset him

01:31

and both the public and the participant

01:34

and the participants in this criminal

01:35

trial deserve reassurance that the

01:38

judicial system stands ready to protect

01:41

them and to preserve the rule of law in

01:43

the face of defendants extreme and

01:46

deliberate provocations it really

01:49

doesn't get more direct more forceful

01:53

more pointed than that and they have now

01:56

formally asked judge Maran to hold

01:58

Donald Trump in contempt for willfully

02:02

flagrantly and repeatedly violating

02:05

judge maran's gag order now we had

02:08

discussed the possibility of a hybrid

02:10

approach because there are two avenues

02:11

that uh judge Maran can take where he

02:13

either um imposes a fine and that can be

02:15

capped at $1,000 per violation or jail

02:18

time and that would be capped at 30 days

02:20

per violation and so what is uh the

02:22

Manhattan da seeking to do here in terms

02:25

of a punishment so on the last page of

02:27

this 133-page motion they set out

02:29

precisely what they want judge Maran to

02:31

do they say first of all hold him in

02:34

contempt three counts and find him the

02:37

statutory Max which unfortunately is

02:40

only $1,000 on each count for a total of

02:43

$3,000 and we are formally asking that

02:46

you advise defendant Trump that the next

02:49

violation he will be subject to jail

02:53

time and you know I actually think this

02:56

is becoming real in a concrete way that

02:59

it has not yet become for Donald Trump

03:02

and frankly for all of us all of us who

03:05

frankly have been thirsty for justice

03:08

and accountability looking to have

03:10

Donald Trump held accountable for just

03:12

some of the crimes he's committed and

03:15

looking to have him held accountable for

03:17

endangering and this is not hyperbole

03:20

Brian endangering the lives of everybody

03:24

who's involved in the Endeavor to hold

03:26

Donald Trump accountable for his crimes

03:28

Witnesses jury

03:30

District Attorneys and their families

03:32

Federal prosecutors and their families

03:34

judges their families their Court staff

03:37

as of yet we have sacrificed the safety

03:40

of all of those people all of those

03:43

categories of people in favor of

03:46

striking the balance you know in favor

03:48

of Donald Trump letting him to continue

03:50

to engage in Reckless and inflamatory

03:54

and violence inciting rhetoric which has

03:57

mystified this old career prosecutor but

04:00

it looks like it's finally getting real

04:02

for Donald Trump and now the question is

04:05

what does Judge marshan do not only with

04:08

this first request for contempt I think

04:10

I have a pretty good idea what he's

04:12

going to do but what does he do when

04:14

Donald Trump violates the gag order

04:17

again after he's been held in contempt

04:20

and so to be clear next week when we

04:21

find out uh whether he grants the

04:24

Manhattan DA's request to um to impose

04:28

jail time if there's another violation

04:30

then that's it the line in the in the

04:31

sand had will have been drawn and and if

04:34

if and when Donald Trump does violate

04:36

the gag order again he'll then be

04:38

subject to uh to imprisonment is that

04:40

correct it is and let me tell you how

04:41

this ordinarily plays out because I had

04:44

lots of defendants who violated all

04:46

sorts of court orders either while they

04:48

were on pre-trial release they violated

04:51

some condition of pre-trial release set

04:53

by the court or uh even more usually

04:57

when people were on probation to a court

04:59

they would engage in all kinds of

05:00

misconduct that would result in a judge

05:04

sanctioning them for violating orders of

05:07

their release on probation so here's

05:09

what judges typically do Brian and I I

05:11

can't predict 100% what judge michan

05:14

will do ordinarily when the very first

05:17

request for contempt comes in because a

05:20

defendant has violated a condition set

05:23

by the court um the judge will give the

05:25

defendant a Stern talking to and say

05:27

next time I'm going to up the ante then

05:30

the next violation is when the judge

05:32

might punish them with a fine and then

05:34

usually they say do it again you're

05:37

going to jail and then it's almost a

05:39

third bite of the Apple before judges

05:41

are willing to put somebody in jail for

05:44

contempt I think because Donald Trump

05:46

has violated the gag order so many times

05:49

in so many ways and he's already been

05:51

put on notice by judge Maran who

05:54

remember had to up his own gag order

05:57

over time to make it more inclusive

06:00

um I think judge Maran when the hearing

06:02

is conducted on Thursday the 23rd of

06:05

April we can talk in a minute about why

06:07

it's you know a week or more in the

06:09

future but I think judge Maran will not

06:12

do the stern warning thing I think he'll

06:15

go right to the $3,000 fine and I think

06:18

he will put Donald Trump on notice that

06:20

do it again you're going to go to jail

06:23

um and then we can talk about whether

06:25

Donald Trump is actually anxious to go

06:28

to jail for a day or a week or for the

06:31

maximum permitted under New York law

06:34

which is 30 days for each count of

06:36

contempt right at this point you know to

06:39

your exact point I think the political

06:41

implications of this would be look if

06:42

Donald Trump wants to make himself out

06:44

to look like a victim in this case which

06:46

of course he does he comes out every day

06:47

and he says you know I can't be present

06:49

for Baron's High School graduation which

06:51

I'm sure he was going to attend um and

06:54

which by the way the judge hasn't even

06:55

ruled on he's whining that he can't go

06:57

to Florida and Georgia and North

06:59

Carolina a campaign he's wanting you

07:01

know anything he can do to present

07:02

himself as the victim seems to be the

07:04

Avenue that Donald Trump wants to take

07:06

and so judging by the fact that he wants

07:09

to present himself as a victim if he can

07:11

land himself in detention if he can land

07:14

himself into jail cell nothing would be

07:16

better for him to cry victim than that

07:19

than to than to be able to you know um

07:22

play this case out in the court of

07:23

public opinion and send his emails and

07:25

say that the evil radical communist

07:26

Marxist Democrats have jailed me

07:29

illegally because they want to do

07:30

election interference so I think that at

07:33

the end of the day it wouldn't be the

07:34

most shocking thing in the world if he

07:36

does come forward and try to violate his

07:38

gag order on purpose to try and evoke

07:40

this kind of a a reaction from Judge

07:42

Maran Brian I couldn't agree with you

07:44

more I think that is precisely what

07:46

Donald Trump is setting up and the thing

07:49

is because there is a 30-day cap that is

07:52

the maximum under New York state law

07:55

that somebody can be confined for

07:57

contempt of a court order I I think his

08:00

calculation is going to be how much can

08:03

I fund raise off being put in jail for a

08:06

day or a week or even up to 30 days now

08:09

I also predict that when probably not if

08:12

but when judge Maran has to cross that

08:15

bridge and has to um impose some kind of

08:18

a jail term because of Donald Trump's

08:20

chronic uh violation of the gag order uh

08:23

he'll probably start with three days or

08:26

five days um and you know listen 3

08:30

minutes is too much for anybody to have

08:32

to sit in a jail cell it's deadly

08:35

serious business when we take away

08:37

somebody's liberty interest I was keenly

08:39

aware of that when I was working as as a

08:42

prosecutor but I I do think Trump's

08:45

calculation will be man I I can sit in a

08:48

jail cell for three days and I will

08:50

probably fund raise millions and

08:53

millions of dollars off of that and that

08:56

will probably lead him to again violate

09:00

the gag order after he's been held in

09:02

contempt the first time and force judge

09:05

M's hand but here's the thing whether it

09:08

inspires people to actually send Donald

09:11

Trump more of their hard-earned dollars

09:13

or not to me and I think the Judge Maran

09:17

is beside the point you have to enforce

09:19

the law and you don't do prosecutorial

09:22

or judicial business based on the

09:24

collateral consequences like Donald

09:27

Trump's fundraising Prospect so I have a

09:31

feeling we may see Donald Trump in a

09:33

jail cell in the coming weeks right and

09:36

it may actually be by Design from Donald

09:39

Trump himself also he probably

09:41

recognizes that this whole trial doesn't

09:43

redown to his benefit anyway and so he

09:45

may as well try to try to squeeze you

09:47

know some money out of his supporters

09:49

while he's doing it and the way to do

09:50

that is to say okay look I'm in a trial

09:52

I'm in a trial anyway I'm getting poor

09:54

coverage might as well just go all in

09:56

and get land myself in a jail cell so

09:58

that at least I can you know perpetuate

10:01

this victimhood narrative and uh and get

10:02

some money out of it at the end of the

10:04

day yeah and let me just answer the

10:06

question that I fronted in case any of

10:08

the viewers are interested why do we

10:10

have to wait another week and a couple

10:11

of days for this to happen well that's

10:13

because the New York state law says

10:15

there are two ways to find somebody um

10:17

guilty of contempt of court for

10:19

violating a court order one if the

10:22

contempt happens in the presence of the

10:24

judge like in court then the judge can

10:26

literally bang his or her gavel and say

10:29

I find you in contempt I'm finding you

10:32

and I order you detained for X number of

10:34

days however if the contempt does not

10:38

occur in the presence of the Court like

10:40

it's in a social media post then the New

10:43

York state law says the defendant has to

10:44

be given notice and an opportunity to

10:47

defend that is what Alvin Bragg's

10:49

prosecutors did today they gave him

10:52

notice he will have an opportunity to

10:55

defend himself come 9:30 a.m. on

10:58

Thursday the 20th 3rd and that is when I

11:01

suspect we're going to see a former

11:04

president of the United States being

11:05

held in criminal contempt remember he's

11:08

already twice been held in civil

11:11

contempt by judge engoron in his New

11:14

York fraud trial when he violated judge

11:17

en goran's gag orders so now we're

11:20

moving forward we're going to see a

11:21

former president I believe held in

11:24

criminal contempt for the first time all

11:26

right well we'll leave it there uh for

11:27

those watching right now of course if

11:29

you want to follow along Glenn and I

11:30

will be will be uh covering every facet

11:33

of this trial so please make sure to

11:34

subscribe to both of our channels the

11:36

links are right here on the screen I'm

11:37

Brian T Cohen and I'm Glenn kersner

11:39

you're watching the legal breakdown

11:43

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Etiquetas relacionadas
Trump TrialContempt ChargesGag OrderLegal BreakdownDA Alvin BraggCriminal ContemptJudicial SystemRule of LawPolitical ImplicationsFundraisingPublic OpinionCourt Proceedings
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