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The maximum fine in NY for this is $1,000 per infraction. If it continues, the judge could sentence jail time but the fine would remain the same.
So it's basically designed for rich people to be to ignore?
Sure is looking that way, isn't it?
The judge addressed that concern specifically and said that when $1k isn't sufficient to cow a contemnor, detention should be imposed.
This is key. If he jailed him right away, his attorneys would call for a mistrial saying the judge was biased against him and they would probably succeed in getting the trial thrown out. It would still go on with another judge, but when the tactic is delay, they win.
This is the first step towards jail for contempt. There can be no doubt Trump is maliciously violating the gag order.
That said, I have little doubt some 11th hour fuckery will happen to prevent him from being jailed.
The Supreme Court will stop all of the democracy dismantling they are doing to say the do-nad can't be imprisoned.
It's like handicap parking spots, it's basically just a super expensive reserved parking spot that every parking lot is legally required to have.
Yes.
Just like all the other laws.
Any criminal law punishable with a fine only (and bail in general) is fucked up because justice is supposed to be about applying fairness under universal laws and our means are not fairly distributed.
https://law.justia.com/codes/new-york/2022/jud/article-19/751/ has it also starting with 30 days max along with the 1k & it would be interesting to see how often those charges come with jail time.
And the judge acknowledged that point in his statement. Pointed out that other types of violations allow the guilty party's wealth to be taken into account, but this charge doesn't. Also pointed out that ignoring this sentence and doing future violations are mush more likely to lead to jail time.
.
Despite Trump's whining about everything being unfair to him, and the public saying this is a slap on the wrist, the judge is taking the legally appropriate and legally required steps.
Correct. Merchan is smart to stay by the book in order to prevent providing cause for Trump’s defense to claim mistrial. The prosecution recommended the maximum fine, which was honored. Merchan then set the grounds for possible jail time for future infractions.
Isn't there already another gag violation hearing on the docket for violations done while awaiting the first gag violation hearing and/or when we were awaiting the decision from the first violation hearing?
Yes. It's unclear if the remaining 4 infractions that will be heard on Thursday will be grouped with these first 10 or if they will be ruled on separately. My bet is that since these happened before he issued his warning to Trump about future infractions resulting in incarceration, they will also carry the maximum $1000 penalty if found to have been violated. But from today on Trump is officially on notice that any violation of the gag order will be a grounds for imprisonment.