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

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

Summary

TLDR在这段视频脚本中,讨论了唐纳德·特朗普可能因违反禁言令而面临藐视法庭的指控。曼哈顿地区检察官阿尔文·布拉格的办公室已经正式提出动议,要求法官马拉将特朗普三次藐视法庭。如果特朗普再次违反禁言令,他将面临最高1000美元的罚款或最多30天的监禁。节目主持人布莱恩·科恩和格伦·凯斯纳讨论了特朗普可能故意违反禁言令以激发公众同情和筹款的可能性,以及法官马拉可能对特朗普采取的法律行动。他们预测,特朗普可能会利用这种受害者形象来增加自己的政治资本。

Takeaways

  • 📰 特朗普可能因违反禁言令而面临藐视法庭的指控,这与他即将到来的藐视法庭听证会有关。
  • 🔍 曼哈顿地区检察官办公室已正式提出动议,要求法官Maran三次认定特朗普藐视法庭。
  • ⚖️ 法院警告被告,违反禁言令将导致根据纽约州法律受到制裁,特朗普不应凌驾于法律之上。
  • 💰 曼哈顿地区检察官寻求对特朗普处以每次违规最高1000美元的罚款,总计3000美元,并警告下一次违规将面临监禁。
  • 🚨 特朗普的行为被认为对参与审判的所有人,包括证人、陪审团成员、检察官及其家人等的安全构成威胁。
  • 🤔 法官Maran可能会在听证会上直接对特朗普处以罚款,并警告再次违规将导致监禁。
  • 💭 分析认为特朗普可能会故意违反禁言令,以塑造自己为受害者的形象,并可能从中筹集资金。
  • 📉 特朗普可能认为,即使被短暂监禁,也能通过受害者形象从支持者那里筹集大量资金。
  • 📆 听证会将在4月23日举行,届时可能会看到美国前总统首次被判定为刑事藐视法庭。
  • 📈 尽管存在政治影响,法官Maran的职责是执行法律,不应基于特朗普筹款前景来做司法决策。
  • 🔗 观众可以通过订阅频道来持续关注审判的各个方面,两位主持人将提供全面的每日报道。

Q & A

  • 唐纳德·特朗普的审判目前处于哪个阶段?

    -唐纳德·特朗普的审判目前处于第二天,正面临因违反禁言令而可能被判藐视法庭的阶段。

  • 曼哈顿地方检察官对特朗普违反禁言令采取了什么行动?

    -曼哈顿地方检察官提交了动议,请求法官Maran将唐纳德·特朗普因三次违反禁言令而判定为藐视法庭。

  • 法官Maran对特朗普违反禁言令的初步反应是什么?

    -法官Maran已经对特朗普发出警告,告知任何违反禁言令的行为将导致根据纽约州法律的制裁。

  • 如果特朗普被判藐视法庭,他可能面临什么样的处罚?

    -如果被判藐视法庭,特朗普可能会面临罚款,每次违规最高可达1000美元,或者监禁,每次违规最多30天。

  • 为什么法官Maran可能会直接对特朗普处以罚款而不是先给予警告?

    -由于特朗普多次、以多种方式违反了禁言令,并且已经被法官Maran告知,因此法官可能会跳过警告步骤,直接处以3000美元的罚款,并警告再次违规将导致监禁。

  • 特朗普是否有可能故意违反禁言令以引起公众关注?

    -分析认为特朗普可能会故意违反禁言令,以此来在公众舆论中扮演受害者的角色,并通过这种方式筹集资金。

  • 法官通常会如何处理首次违反法庭命令的情况?

    -通常情况下,当首次出现藐视法庭的情况时,法官会给被告一个严厉的警告,并告知下一次违规将会有更重的处罚。

  • 为什么特朗普的审判要等到一周多后才会有进一步的行动?

    -根据纽约州法律,如果藐视法庭的行为没有在法庭上发生,被告必须得到通知并有机会辩护,这就是为什么需要等到特定日期进行听证会的原因。

  • 如果特朗普再次违反禁言令,法官Maran可能会怎么做?

    -如果特朗普再次违反禁言令,法官Maran可能会开始判处监禁,尽管具体的刑期尚未确定,但分析认为可能会从短期监禁开始。

  • 特朗普的审判对美国政治有什么影响?

    -特朗普的审判可能会对美国政治产生重大影响,特别是如果他试图通过扮演受害者的角色来筹集资金或影响公众舆论。

  • 为什么说特朗普的审判对公众和参与审判的人员来说是重要的?

    -特朗普的审判对公众和参与审判的人员来说是重要的,因为它关系到司法系统是否能够保护他们并维护法治,尤其是在面对被告极端和蓄意的挑衅时。

Outlines

00:00

📰 特朗普审判第二天:可能因藐视法庭而入狱

在特朗普审判的第二天,出现了重大新闻,特朗普可能因违反禁言令而被判藐视法庭罪并入狱。视频提醒观众订阅以跟进对特朗普审判的全面报道。曼哈顿地区检察官办公室已正式提出动议,要求法官Maran三次判定特朗普藐视法庭。检察官强调,特朗普不能凌驾于法律之上,不能忽视令他不满的司法命令。动议中提出,如果特朗普再次违反禁言令,将面临高达1000美元的罚款,总计3000美元,并警告下一次违规将导致监禁。讨论了特朗普可能为了政治利益而故意违反禁言令,以此在公众舆论中扮演受害者的角色,并可能通过入狱来筹集资金。

05:01

👮‍♂️ 法官如何对待藐视法庭的违规行为

法官通常会如何处理藐视法庭的行为?视频解释了在被告首次违反法庭命令时,法官通常会给予严厉警告,并在下一次违规时可能处以罚款,再次违规则可能判处监禁。但鉴于特朗普多次违反禁言令,预计法官Maran将在听证会上直接对特朗普处以3000美元罚款,并警告再次违规将导致监禁。讨论了特朗普可能故意违反禁言令以引起公众关注和同情,以及法官在执行法律时不应考虑特朗普筹款前景等间接后果。

10:01

⏱️ 为何特朗普藐视法庭的听证会要等到下周

视频解释了为什么特朗普藐视法庭的听证会要等到下周进行。根据纽约州法律,如果藐视法庭的行为不在法官面前发生,比如社交媒体帖子,被告必须得到通知并有机会辩护。地区检察官办公室已经给了特朗普通知,他将在指定时间有机会为自己辩护。预计在听证会上,美国前总统可能会首次因刑事藐视法庭而被判有罪。视频结束时,主持人提醒观众订阅频道,以便跟进审判的每个方面。

Mindmap

Keywords

💡特朗普

特朗普(Donald Trump)是视频中的主要人物,美国前总统。视频讨论了他在违反法院禁止发布言论的命令(gag order)后,可能面临的法律后果,包括罚款和监禁。

💡藐视法庭

藐视法庭(contempt of court)是指故意不遵守法庭命令的行为。在视频中,特朗普因违反法官的禁止发布言论命令而可能被判藐视法庭。

💡禁止发布言论的命令

禁止发布言论的命令(gag order)是法庭发出的一种命令,禁止当事人在法庭外发表可能影响法庭程序的言论。特朗普被控违反了这一命令。

💡罚款

罚款是一种法律惩罚,用于处罚违反特定法律或法庭命令的行为。在视频中,讨论了特朗普可能因藐视法庭而被罚款,罚款金额为每次违规1000美元。

💡监禁

监禁是另一种法律惩罚,涉及将个人限制在监狱中一段时间。视频提到,如果特朗普再次违反禁止发布言论的命令,他可能会面临最多30天的监禁。

💡曼哈顿地方检察官

曼哈顿地方检察官(Manhattan DA)是负责刑事起诉的官员。在视频中,曼哈顿地方检察官办公室提交了一份动议,要求法官对特朗普的违规行为采取行动。

💡司法系统

司法系统是指一个国家或地区的法院和相关法律机构的总和,负责解释和执行法律。视频强调了司法系统在维护法治和保护公众及法庭参与者方面的重要性。

💡法治

法治(rule of law)是指法律对所有人都有约束力,包括政府和个人,并且法律面前人人平等。视频中提到,即使是前总统也不能凌驾于法律之上。

💡司法制裁

司法制裁是法庭对违反其命令的个人或实体采取的法律行动。视频中讨论了特朗普可能因违反禁止发布言论的命令而面临司法制裁。

💡政治后果

政治后果涉及政治行为或决策对个人、团体或整个政治体系可能产生的长远影响。视频中提到,特朗普可能会利用监禁作为一种策略,来增强其政治受害者的形象,并可能从中筹集资金。

💡公共舆论

公共舆论(public opinion)是指社会大众对某个问题或事件的普遍看法。视频中提到,特朗普可能会试图通过违反禁止发布言论的命令来操纵公共舆论,以获得同情和支持。

Highlights

特朗普可能因藐视法庭而被监禁,这是对他违反禁言令的回应。

曼哈顿地方检察官办公室已正式要求将特朗普因三次违反禁言令而视为藐视法庭。

检察官请求法官对特朗普的每一次藐视法庭行为处以最高1000美元的罚款,总计3000美元。

如果特朗普再次违反禁言令,检察官要求法官判处他监禁。

法官Maran可能会在下一次听证会上直接对特朗普处以罚款,并警告再次违规将导致监禁。

特朗普可能故意违反禁言令以塑造自己为受害者,从而在公众舆论中获得同情。

特朗普可能利用被监禁的机会进行筹款,预计即使被监禁也会从中获得数百万美元的捐款。

法官Maran可能会在特朗普第一次被判藐视法庭后,仅判处短期监禁,如三天或五天。

特朗普可能认为,即使被监禁,也能通过受害者形象从支持者那里获得资金。

特朗普可能认为这次审判对他不利,因此他可能会尝试通过违反禁言令来获得支持者的资金。

纽约州法律规定,违反法庭命令的藐视法庭行为,如果不是在法官面前发生,被告必须得到通知并有机会辩护。

听证会将在4月20日星期四上午9:30举行,届时可能会看到美国前总统首次被判刑事藐视法庭。

特朗普已经因违反禁言令在纽约州的欺诈案中被法官Engoron两次判为民事藐视法庭。

主持人表示,他们将全面报道审判的每一个方面,并邀请观众订阅频道以跟进报道。

节目结束时播放了音乐。

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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