CNN
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Donald Trump and the judge presiding over his hush-money trial are staring down each other over what they say will have serious implications for the former president, the upcoming election, and the rule of law in the United States.
Juan Marchan is now closer to putting the former president in prison than any judge in U.S. history, setting red lines that he may be forced to enforce if Trump doesn’t follow the rules.
Marchan revealed on Monday that Trump had again violated a gag order that prohibits him from attacking witnesses, jurors and others, days after Trump was fined $1,000 for each of nine previous violations. . But he said the defendants did not understand the message and warned that while he considered this option a “last resort”, it would need to be escalated in the future if necessary and appropriate.
“Mr. Trump, it’s important that you understand that the last thing I want to do is put you in jail,” Marchand said Monday morning, eyeing the Republican nominee in a surreal moment. He also fined the billionaire defendant an additional $1,000 over his comments about jury selection. At the same time, he was acquitted of three other charges brought by prosecutors for violating the gag order.
The judge’s recommendation to Mr. Trump, who sat at the defense table in court, represented an unusual reversal of power relations for a former president who is a member of an exclusive club that commands universal lifelong respect. Mr. Trump may be the most famous man in the world and command every room he enters, but Mr. Marchand is trying to send a message to the court that he is the sole source of authority.
But his warning also sounded like a plea to Trump to stop forcing judges to decide his own fate. But it also left the impression that the courtroom, or the jury handling a highly sensitive trial at a time of extreme political turmoil, cannot be allowed to be exposed to attack.
“At the end of the day, I have a job, and part of that job is to protect the dignity of our justice system and enforce respect,” Marchand continued. “Your continued violation of the lawful orders of this court threatens to disrupt the administration of justice with continued attacks that constitute a direct attack on the rule of law.”
“We cannot allow this to continue.”
The judge’s words put him in a box. If Trump ignores the warnings and continues to violate his orders, his credibility and ability to control his own courts could force him to escalate.
His warning also presents a dilemma of his own for the former president, who has weaponized four criminal charges into a narrative of political martyrdom. Will he continue to test judges, abuse jurors and witnesses, and risk going to prison — perhaps to strengthen the persecution claims that are his basis for seeking a new term? Or will he simply stop right in front of the line in a rare instance of bowing to an adversary who has tried to soften his actions?
CNN’s senior legal expert Elie Honig said she still thinks it’s unlikely President Trump will be jailed for contempt of court. But he added: “I think the judge put a marker in place. The judge gave President Trump every doubt regarding the gag order.” In fact, he enjoys similar discretion from the judge regarding his constant attacks on the integrity of the courts, the courts, and the legal system. It is hard to imagine any other criminal defendant doing so.
The timing of the judge’s warning is significant as Trump’s most stressful moment approaches, with testimony from former lawyer Michael Cohen and former adult film star Stormy Daniels scheduled soon. Ta.
Jack O’Donnell, former president and chief operating officer of Trump Plaza Hotel and Casino, questioned whether President Trump could maintain control, especially in late-night social media posts. “The bigger question is whether the president will intentionally violate the order,” he told CNN’s Erin Burnett. Because it’s a club,” he said. Mr O’Donnell added: “I think it’s in his heart that he wants to put this man in prison.”
Monday’s development prompted speculation about how detention sanctions would be enacted. This is a very complex issue given Trump’s identity and his unique security requirements as a former president under 24-hour Secret Service protection.
After Monday’s court, Trump slammed Marchand’s new reprimand, but apparently stopped short of trying a gag order, suggesting he may be considering a strategy. This was consistent with Marchand’s more measured behavior since he first revealed his contempt last week.
“I have to be careful with every word I say to you. You ask me a question, a simple question, and I want to answer it, but this judge has given me a gag order. We can’t talk about that because we’re saying that if you violate that, you’re going to go to jail,” Trump said. He told reporters before he raised his stakes about his own future actions. “Frankly, our Constitution is far more important than prison, nothing even close. I’m willing to make that sacrifice any day.”
Just as President Trump’s offers to testify in multiple cases were often not substantiated, it remains to be seen whether President Trump’s words were a bravado aimed at political effect or whether he was speaking based on his position. It wasn’t obvious.
Before the 2016 election, a trial over whether Mr. Trump falsified business records while paying hush money to cover up an alleged affair with Mr. Daniels garnered national attention, or perhaps a close call for Mr. Trump. There are few signs that much is being done to change. At the White House with President Joe Biden. Trump denies having an affair and maintains his innocence. However, the shocking development of a former president being detained by Mr. Marchan, even for a few hours, is within his discretion under the law, but Mr. Trump has already broken common sense. It would be an unusual twist in a political career and could have unpredictable political consequences.
President Trump has repeatedly used dramatic moments related to his four criminal indictments to galvanize support and political contributions—for example, in connection with the Georgia election interference case. Trump’s mug shot at the infamous Atlanta prison means he could conduct an experiment. It cannot be ruled out that Machan’s decision was intentional or motivated by rage.
Monday’s short episode between Marchand and Trump explores the unprecedented circumstances of the former president’s first trial, the collision between Trump’s criminal trial and the 2024 election, and the broader impact of the former president’s attacks on the organization, just to name a few. It was condensed in sentences. It holds him accountable, but he often faces corrosive consequences in doing so.
The meeting symbolizes the principle that all people, even former presidents, receive the same treatment under the law and must follow the same rules to protect the integrity of the legal process. there were. Trump has shown little respect for these judicial considerations with his daily abuse of the media outside of court and scathing posts on social media. And his refusal to accept his defeat in the 2020 election and false claims of fraud shows his disdain for the rule of law more generally.
The judge’s comments included a rare acknowledgment of the political underpinnings of the trial, which took place six months before the general election and will see the former president appear in court four days a week until the end.
He told President Trump: “You’re a former president of the United States and possibly the next president. There are many reasons why incarceration is really a last resort for me.” The judge said such a step would disrupt the case itself, and prosecutors said He noted that he expects two more weeks of testimony and the impact of implementing custodial sanctions on those needed to enforce them.
There are many possible reasons why voters may not be moved by this first trial against a former president. Much of the testimony so far has been technical and difficult to track. On Monday, for example, prosecutors brought former Trump employees into complex financial transactions and left paper trail for testimony by future prominent witnesses. The trial is not even shown on television, so its ability to penetrate popular culture is limited. Some legal experts also say the hush money trial is comparable to President Trump’s two election interference trials and one over the hoarding of classified documents, which is unlikely to happen before the election. I see it as much less serious.
But that could change if Mr. Marchand sends Mr. Trump to a cell or isolated room in the basement of a Manhattan courthouse and locks him up for even a few hours.
