It’s been difficult to avoid the coverage of Donald Trump’s legal troubles no matter how hard you might try. The former President and current front runner for the 2024 GOP Presidential nomination has been indicted on 91 criminal counts for everything from mishandling classified documents to attempting to overturn the 2020 elections on January 6, 2021. He’s also facing a second civil trial filed by writer E. Jean Carroll, who alleges that Trump raped her back in the 90s (Trump has already been found liable for that crime in a previous trial and ordered to pay the plaintiff five million dollars), and a current trial that alleges that his business and fortune were built on massive fraud. The judge in the fraud case has already found that the charges against the Trump Organization are factual. The current trial is for the judge to decide what the company’s damages should be. It’s an existential threat to the company because the potential penalty could result in Trump being fined $250 million, forfeiting marquee properties like Trump Tower, and being barred from ever conducting any kind of business in the State of New York. It would mean the end of his company.
The mantra that we continue to hear from the various judges, prosecutors, and pundits in and around these cases is that “no one is above the law.” Watching these proceedings as I have, I just don’t believe that’s true. Trump is getting special treatment that you and I would never receive in a court of law.
The judge in the fraud case, Arthur F. Engoron, imposed a narrow gag order on the out of control Trump after the former president targeted the court clerk in the trial. Trump has been using his Truth Social social media platform as well as rallies to demonize anyone and everyone attempting to hold him accountable for his crimes. He’s accused Black prosecutors of being “racist.” Special Counsel Jack Smith is “deranged.” Judge Engoron is a “disgrace.” Trump’s followers include a violent bunch of extremist thugs. When he targets someone, he is literally telling his followers to attack that person. Going after Judge Engoron’s clerk was the last straw.
The gag order prohibits Trump from publicly disparaging and attacking court personnel. He can criticize the trial and the charges all he wants. The judge says that Trump can even criticize him, but court employees and witnesses are off limits. Siccing his band of nutjobs on those scheduled to give testimony constitutes witness tampering. This gag order has been thoroughly ineffective as Trump continues his egregious behavior, resulting in Engeron finding him in contempt of court and fining him $5,000 for his first offense and $10,000 for his second, after which, the judge warned Trump that the next time he violated the order, the sanctions would be more severe, and that incarceration was on the table.
First, a $5,000 or $10,000 fine is pocket change for Trump. It would be like fining me $50. That’s hardly an effective sanction to get someone to alter their behavior. Trump’s critics are calling for him to be jailed for his conduct. I think that they have a legitimate point. If any “normal” person engaged in language and behavior such as Trump has after the court ordered them not to, and they did so multiple times, there is no doubt that they would be sitting in a cell. Why is Trump getting special treatment? Without adequate punishment for violations of the gag order, it means nothing. On the other hand, jailing Trump might be giving him exactly what he wants.
According to some legal pundits, Trump is baiting the judge. He actually wants him to lock him up. Trump’s entire spiel is that he’s the “victim” here. That he is being persecuted by Joe Biden, Democrats and his political enemies. Putting him in jail would play right into his hands. He could claim that Joe Biden, who has ZERO to do with any of the various charges against him, is “locking up a political opponent,” just like they do in communist countries and banana republics. He figures that he can raise millions from his outraged cult if he spends even one night behind bars. The worst part is that he’s probably right.
Personally, I say politics be damned. Lock him in a cell for two days every time he violates the order and puts someone’s life in danger. Trump is a bully and a coward. Multiple jail stays would eat him alive. He’d never be able to handle them.
That’s my opinion. What’s yours? Do you think that Trump should be jailed for contempt when he violates the gag order? Why or why not? Shoot me an email with your thoughts and I’ll share the best of them in a future essay.