BREAKING: Jail on the table for Trump for contempt at criminal trial
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
🔍 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.
📅 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.
🚨 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
💡Criminal Trial
💡Gag Order
💡Contempt of Court
💡Judge Maran
💡Show Cause Hearing
💡Sanction
💡Truth Social
💡Michael Cohen
💡Jail Time
💡Appeal
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
you're watching the legal breakdown so
we are at day one of Donald Trump's
first criminal trial in New York we're
going to have two legal breakdown
episodes today the first is to discuss a
major update on the prospect of trump
being jailed for violating his gag order
that's right now and the next episode
today is going to cover some major news
on the rest of day one including some
surprise jury updates so if for the
viewers if you want to follow along with
that episode and more please subscribe
because we'll be doing exhaustive
coverage of this entire trial the link
is right here on the screen or you can
just hit the Subscribe button down below
and of course you can also find find the
link to Glenn's channel in the post
description of this video too so Glenn
judge michan is now considering holding
Trump in contempt for violating his gag
order and we've covered those violations
prior to this clearly Donald Trump
didn't anticipate this walk us through
what contempt hearings would look like
yeah Brian it's really hard to believe
that Donald Trump will not end up in a
jail cell for contempt if judge Maran
applies the law to him the way it would
be applied to anybody else so here's
what's going on Judge Maran has put a
gag order in place prohibiting Donald
Trump from talking about among other
things um the witnesses and the judge's
own family members and of course Donald
Trump has violated that gag order that
prohibition several times over in the
runup to the trial so here's what
happened today the prosecutor said judge
we want a hearing we want you to issue a
show cause hearing we've talked about
those previously to have Donald Trump uh
convince you that he didn't violate the
gag order and or he should not be
punished if he did so the only quibble I
have right now with the way judge Maran
is handling this issue is he set it a
week and a half down the road that's a
problem because does that give Donald
Trump another week and a half to violate
the gag order before he is ever made to
heal before he is ever like compelled
required to actually obey the law the
way any of us would have to obey the law
so as of right now I believe they're
going to take this up on Thursday I
think it's the 23rd yes and they will
decide one whether Donald Trump violated
the gag order spoiler alert he did and
then two far more importantly what is
the punishment what is the sanction now
under New York law there are two
possible sanctions one is a money fine
the problem here is the New York state
law provides only for up to
,000 for each violation of a court order
so what will that mean to Donald Trump
it will mean exactly nothing far more
importantly each violation of a court
order each violation of the gag order
can subject the person to up to 30 days
in jail so what I suspect judge Maran
will do is say okay you violated the gag
order let's just say five times I think
the prosecution presently said um at
least as of this morning's court session
we see at least three violations of the
gag order um so judge Maran could impose
a $1,000 fine for each violation of the
gag order but far more importantly he
will have available as a lawful sanction
under New York state law the the ability
to put him in in jail for up to 30 days
for each violation will it come to that
I have to believe knowing who Donald
Trump is knowing his inability to
control himself knowing his recklessness
he could very well find himself in a New
York jail cell during the pendency of
this trial Glenn do you think we'll see
some type of hybrid approach where maybe
judge Maran imposes the fine which is
basically tant amount to nothing but
will serve as a warning and then say if
we see another violation then I will
Avail myself of the opportunity to throw
you in jail yeah absolutely it's like
you've been in court before Brian
because that's exactly what judges do
they do it incrementally the first
violation they will ordinarily say I'm
giving you a warning the second
violation they will say you're fined
$1,000 and let me put you on notice
defendant Trump if you violate again
after this money find has been imposed
you will be put in a jail cell do you
understand and Donald Trump will you
know Mumble that he understands it's
kind of like he mumbled through some of
his answers today in court um so judges
love to do it incrementally they like to
give a defendant enough rope to sort of
I I hate to use the phrase hang himself
but um because appell at courts like to
see that kind of incremental approach
where you're giving a defendant every
opportunity to comply with a court order
and if a defendant just steadfastly
continues to violate court orders that
is when they find themselves in a jail
cell Glen just real quick on the fact
that this is still um that we still have
a week before this hearing is actually
going to be held to determine whether or
not Trump will be held in contempt is
that kind of Judge michon handing Trump
more rope to again to use that phrase to
hang himself with by allowing him to
commit more of these violations which
would only further hurt him when these
uh when this hearing actually does
happen you know there's actually a
specific reason that I think judge Maran
put this off for a week or a little over
a week now the new New York law it's
actually I think it's called Judiciary
law section 751 says if the contempt
happens in the presence of the judge in
other words if Donald Trump were to do
something in court that would constitute
a violation of not just the gag order
but of any court order then the judge
can summarily hold the person in court
fine them and even order them into a
jail cell but that's only if the
contempt happens in the judge's presence
this didn't you know even in this day
age you can say well everything you post
online kind of happens in everybody's
presence the law is all is often very
slow to catch up to the realities of the
internet age so the New York state law
says if it doesn't happen in the court
or in the judge's presence then there
has to be notice and there has to be an
opportunity for the defendant to present
a defense I think what judge Maran um
decided is listen court is up and
running Monday Tuesday Thursday Friday
he could have tried to squeeze it in
this Wednesday but then the defense
attorneys might have said listen the law
says we have you know we get notice and
an opportunity to defend and we can't be
ready this Wednesday so ultimately judge
Maran first set it for next Wednesday a
week and two days down the road but then
the prosecutor said actually judge can
we do it Thursday morning at 9:30
instead of on that Wednesday and here's
why they said that I know I've been in
this situation they've probably packed a
bunch of Witnesses in for witness prep
on each Wednesday as the trial
progresses so they were probably
counting on the judicial schedule as
previously announced by judge Maran
giving them Wednesdays off so 9:30
Thursday morning a week from this coming
Thursday we will see what the hearing
involves and importantly we will see
what sanction judge Maran chooses to
impose two quick questions on that how
long will that hearing last and how
quickly will it take for judge Maran to
impose his decision so you know criminal
contempt hearings are kind of a rare
bird they don't happen every day so I am
going to give you my best estimate that
it will probably be a hearing that will
take about an hour it won't involve
anything more than you know the
prosecution offering Donald Trump's
posts or statements that he made that
violated the gag order and the defense
trying to come up with some you know
explanation as to why well if it was a
post it wasn't really Donald Trump
posting it and how many of us are going
to believe that or if he was caught
saying it at a rally for example or you
know on one of the faux uh faux news
station interviews it's going to speak
for itself so I think the the hearing
can probably be accomplished in about an
hour or so I have a feeling it will be a
decision that is rendered the minute the
hearing concludes so will probably be
contemporaneous with the hearing itself
unless there is actually some evidence
that's been presented either by the
prosecutors or the defense that the
judge has to mul over or he might have
to go back and read up on some case law
precedent if a legal issue is raised and
contested by the parties but I have a
feeling it will be he will rule either
from the bench at the end of the hearing
itself or maybe later in the day or at
the latest maybe the following day all
of this is my sort of best guess knowing
how judges ordinarily operate okay now
on the gag order itself the violations
seem pretty cut and dry like he was told
not to attack Witnesses and he posted
right there on Truth social attacking
Michael Cohen for example who is a
principal witness in this case is there
any reason why judge michon would opt
not to side with the Manhattan da here
no it it really does undermine the rule
of law and the confidence that the
people have in uh the Integrity of the
proceedings so I cannot Envision judge
Maran reading those posts that we all
saw we saw him attack Michael Cohen a
known witness attack stormmy Daniels a
known witness um so I have to believe
judge mhan will absolutely say that's a
violation of the gag order and really
the only thing left is what is the
appropriate sanction and there has to be
a sanction because if there's no
sanction what are you doing you are
emboldening Donald Trump to you know
engage in even more Reckless rhetoric
and posts and speeches all of it is
endangering the witnesses and I think
chilling the witnesses from being
prepared to come forward take the stand
and testify about what they know
regarding the crimes of Donald Trump
Glenn Trump seems hellbent on delaying
everything obviously is there a world in
which he's basically daring judge michon
to jail him so that he can either
challenge it an appeals court or so that
he could further frame himself as the
victim here you know I don't think it
would be an appealable decision if judge
Maran found that he violated the court
order and imposed a sanction that
included sometime in jail I don't think
that is an instantly appealable issue
what he could do is file a special kind
of appeal called a RIT for either a
petition for a RIT of mandamus or habius
Corpus delivered the body of the person
who's being detained unlawfully he can
try that but um I I don't know that it
would be an appealable issue but what I
am confident of Brian is even if he had
an appeal available to him an instant
appeal of that it wouldn't stop the
trial it wouldn't even slow down the
trial you know his attorneys would have
to multitask the trial would continue
because now really the only thing that
would stop this trial from progressing
is you if somehow the appell at court
swooped in came up with some you know
ruling that suggested he shouldn't be
prosecuted at all like an absolute
presidential immunity issue which is
what brought Donald Trump's DC federal
prosecution to a screeching halt and the
thing is there are no issues left uh in
the New York State prosecution so let
him appeal away let him file for
whatever extraordinary rits he might
think apply in the event he's jailed as
a punishment for his contempt of court
but he'll be fighting a losing battle in
my opinion okay uh and of course we will
stay on top of this as this issue in
particular continues to progress so keep
an eye out for our coverage uh not only
of the entire trial but especially on
Thursday when this issue of Donald Trump
being held in contempt uh actually gets
uh litigated in the courtroom so for
those watching right now if you want to
follow along please make sure to
subscribe again we will be doing
exhaustive coverage of this trial so the
links to both of our channels are right
here on the screen make sure to click
subscribe on both of those links I'm
Brian Tyler Cohen and I'm Glenn kersner
you're watching the legal breakdown
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