BREAKING: Jail on the table for Trump for contempt at criminal trial
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
🔍 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。
📅 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。
🚨 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
💡禁言令
💡藐视法庭
💡罚款
💡监禁
💡听证会
💡证人
💡法律制裁
💡司法程序
💡法律效力
💡审判公正
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
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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