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

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

Summary

TLDR在纽约首次刑事审判的第一天,唐纳德·特朗普可能因违反封口令而面临藐视法庭的指控。法官米歇尔·马兰正在考虑对特朗普的违规行为进行制裁,可能包括罚款或监禁。尽管特朗普可能试图通过上诉挑战这一决定,但专家们认为这不太可能阻止审判的进行。

Takeaways

  • 🚨 唐纳德·特朗普在纽约的首次刑事审判已经开始,目前处于第一天。
  • 🔍 法官米歇尔·马兰正在考虑因特朗普违反禁言令而对其持有蔑视法庭的态度。
  • 📢 禁言令禁止特朗普谈论证人和法官的家庭成员,但他已多次违反。
  • 🗓️ 法庭计划在一周半后举行听证会,以确定是否对特朗普违反禁言令进行惩罚。
  • 💰 根据纽约州法律,对违反法庭命令的制裁可能包括最高1000美元的罚款。
  • 🔗 另一种可能的制裁是对每次违反禁言令的个人施加最多30天的监禁。
  • ⚖️ 法官可能会采取渐进的方法,首先给予警告,随后对再次违反的行为处以罚款,并在必要时判处监禁。
  • 📆 听证会预计将持续约一个小时,并可能在听证会结束后立即做出决定。
  • 🚫 特朗普对禁言令的违反似乎很明显,法官马兰很可能认定这些行为违反了法庭命令。
  • 🤔 特朗普可能在挑战法官的判决,但这不太可能是一个可以立即上诉的问题。
  • 🔍 尽管特朗普可能会尝试各种法律手段,但这不太可能阻止审判的进行。

Q & A

  • 唐纳德·特朗普在纽约的首次刑事审判的第一天发生了什么?

    -在唐纳德·特朗普在纽约的首次刑事审判的第一天,法官米歇尔正在考虑因特朗普违反禁言令而将其视为藐视法庭。特朗普被禁止在审判前谈论证人和法官的家庭成员,但他多次违反了这一禁令。

  • 什么是藐视法庭的听证会?

    -藐视法庭的听证会是一种法律程序,其中被指控违反法庭命令的个人被要求说明原因,并且法庭将决定是否对该个人进行惩罚。在这种情况下,特朗普被指控违反了禁言令,这是一种法庭命令。

  • 特朗普违反禁言令可能会面临什么样的惩罚?

    -根据纽约州法律,违反法庭命令的制裁有两种可能:一种是罚款,另一种是监禁。对于特朗普来说,罚款可能不会有太大影响,但监禁可能会长达每次违规30天。

  • 法官米歇尔为何将藐视法庭的听证会安排在一周后?

    -法官米歇尔将听证会安排在一周后,可能是因为纽约州法律规定,如果不是在法官面前发生的藐视行为,必须给予被告通知和辩护的机会。此外,法官可能还在考虑法庭的日程安排和证人的准备情况。

  • 藐视法庭的听证会预计会持续多久?

    -藐视法庭的听证会预计会持续大约一个小时,这包括检察官呈现特朗普违反禁言令的证据和辩方提供解释的时间。

  • 法官米歇尔在听证会后多久可能会做出决定?

    -法官可能会在听证会结束时立即做出决定,或者在当天晚些时候或最迟第二天做出决定,除非有需要进一步考虑的证据或法律问题。

  • 特朗普是否有可能对藐视法庭的判决提出上诉?

    -特朗普可能不会对藐视法庭的判决立即提出上诉,因为这通常不是可以立即上诉的问题。不过,他可以尝试提出一种特殊的上诉,称为人身保护令或要求执行命令的上诉,但这些可能不会成功。

  • 如果特朗普因藐视法庭被监禁,审判会停止吗?

    -如果特朗普因藐视法庭被监禁,审判不会停止。他的律师将需要在审判继续进行的同时处理这个问题,除非有更高级别的法院介入并裁定他不应该受到起诉。

  • 特朗普违反禁言令的行为有哪些?

    -特朗普在社交媒体上攻击了本案的主要证人迈克尔·科恩和斯托米·丹尼尔斯,这被认为是对禁言令的明显违反。

  • 法官米歇尔对特朗普违反禁言令的行为会如何处理?

    -法官米歇尔很可能会认定特朗普的帖子是对证人的攻击,并确认这是违反了禁言令。唯一的问题在于将采取何种适当的制裁措施。

  • 特朗普的行为是否在挑战法官米歇尔的权威?

    -特朗普的行为看起来像是在挑战法官米歇尔的权威,他可能在试图通过被监禁来挑战法庭的决定,或者将自己塑造成受害者。

Outlines

00:00

🔍 纽约刑事审判首日:特朗普可能因违反禁言令而入狱

该段落讨论了唐纳德·特朗普在纽约的首次刑事审判的第一天,特别是关于他可能因违反禁言令而面临监禁的重大更新。讨论了特朗普没有预料到这种情况,并通过分析法官米歇尔·马兰可能对特朗普违反禁言令的行为进行的裁决,探讨了可能的法律后果。提到了特朗普在审判前多次违反禁言令,以及检察官要求举行听证会以证明特朗普违反了禁言令。此外,还讨论了可能的惩罚措施,包括罚款和监禁,以及法官如何逐步实施这些措施。

05:01

📅 特朗普是否会因更多违规行为而面临更严重的后果?

本段落继续讨论特朗普可能面临的法律后果,特别是法官米歇尔·马兰将如何在听证会上处理特朗普违反禁言令的问题。分析了法官推迟听证会的原因,以及这是否给了特朗普更多机会违反法律。讨论了纽约州法律对于在法官面前发生的藐视法庭行为的规定,以及法官如何在这种情况下迅速采取行动。同时,探讨了听证会的可能时长和法官做出决定的速度,以及特朗普可能采取的上诉行动及其对审判进程的影响。

10:02

🚨 特朗普的行为对证人构成威胁,审判可能会受到影响

这一段落强调了特朗普通过攻击证人和发表危险言论,对证人的安全和审判的公正性构成威胁。讨论了特朗普似乎故意挑战法律和法官的权威,以及他可能利用监禁作为自我宣传的机会。分析了特朗普的行为如何影响证人的出庭意愿,以及法官可能采取的措施来保护证人和确保审判的顺利进行。此外,还提到了特朗普可能面临的法律挑战,以及这些挑战对审判进程的潜在影响。

Mindmap

Keywords

💡刑事审判

刑事审判是指法院对被控犯罪的人进行审理和裁决的法律程序。在视频中,提到了唐纳德·特朗普在纽约的首次刑事审判,这是公众关注的焦点事件,涉及到法律、公正和透明度等多方面的问题。

💡禁言令

禁言令是法官发出的法庭命令,要求案件相关人士不得在法庭外公开讨论案件细节,尤其是不得对证人进行评论或攻击。在视频中,特朗普被指控违反了这一命令,因为他在社交媒体上对证人进行了评论。

💡藐视法庭

藐视法庭是指个人或实体不遵守法庭命令或规则,对法庭的权威和尊严构成挑战的行为。在视频中,特朗普可能因违反禁言令而面临藐视法庭的指控。

💡罚款

罚款是法庭对违反法律或法庭命令的个人或实体施加的经济处罚。在视频中,特朗普可能因违反禁言令而面临每次违规高达1000美元的罚款。

💡监禁

监禁是指法庭命令将个人限制在监狱中的处罚方式,通常用于严重违反法律或法庭命令的情况。在视频中,特朗普可能因严重违反禁言令而面临最高30天的监禁处罚。

💡听证会

听证会是法庭举行的正式会议,旨在收集证据、听取各方陈述,并决定是否对某人采取法律行动。在视频中,检察官要求举行听证会,以确定特朗普是否违反了禁言令,并决定相应的处罚。

💡证人

证人是指在法庭上提供证据或证词的个人,他们的陈述对于案件的判决具有重要影响。在视频中,特朗普被指控在社交媒体上攻击证人,这可能对案件的公正审理造成影响。

💡法律制裁

法律制裁是指法庭对违法行为采取的惩罚措施,包括罚款、监禁等,旨在维护法律的权威和公正。在视频中,法官Maran可能会对特朗普采取法律制裁,以回应其违反禁言令的行为。

💡司法程序

司法程序是指法庭审理案件的一系列法律步骤和活动,包括立案、听证、审判、判决等。在视频中,特朗普的刑事审判是司法程序的一部分,涉及到对可能的违法行为进行调查和裁决。

💡法律效力

法律效力是指法律规则或法庭命令所产生的约束力和执行力,要求所有个人和实体都必须遵守。在视频中,特朗普被期望遵守法官发出的禁言令,否则将面临法律后果。

💡审判公正

审判公正是指法庭在审理案件时保持中立和公正,确保所有当事人的合法权益得到平等保护。在视频中,特朗普被指控违反禁言令,这可能影响到审判的公正性。

Highlights

今天是唐纳德·特朗普在纽约的首次刑事审判的第一天。

有两个法律分析节目将在今天播出,第一个讨论特朗普可能因违反封口令而入狱的重大更新。

法官米歇尔正在考虑因特朗普违反封口令而将其视为藐视法庭。

特朗普被禁止谈论证人和法官的家庭成员,但他多次违反了这一禁令。

检察官要求举行听证会,让特朗普证明他没有违反封口令,或者如果他违反了,不应受到惩罚。

法官米歇尔将听证会安排在一周半后,这可能给特朗普更多的时间违反封口令。

根据纽约法律,违反法庭命令的制裁可能是罚款或监禁最多30天。

法官可能会逐步实施制裁,首先是警告,然后是罚款,最后可能包括监禁。

听证会可能在一周后的周四上午9:30举行。

听证会可能持续约一个小时,并可能在听证会结束时立即做出决定。

特朗普在社交媒体上攻击证人,如迈克尔·科恩和斯托米·丹尼尔斯,明显违反了封口令。

如果法官判定特朗普违反封口令并施加制裁,这将有助于维护法庭程序的完整性和公众对司法公正的信心。

特朗普不太可能成功上诉,因为即使法官裁定他因藐视法庭而入狱,这也不是可以立即上诉的问题。

即使特朗普被监禁,审判也将照常进行,他的律师需要同时处理审判和可能的上诉。

无论特朗普是否被监禁,审判将继续进行,纽约州的诉讼没有剩余的问题,不像他在华盛顿的联邦诉讼那样存在绝对的总统豁免权问题。

我们将密切关注这一问题的发展,并在周四特别报道特朗普可能因藐视法庭而受到的处罚。

请订阅我们的频道,以便跟踪整个审判的详尽报道。

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

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