SkyBlueFlux
Well-Known Member
Who else thinks that Trump will be jailed for contempt of court within the next 30 days?
Juan Merchan Merchan has had enough. After issuing this warning to Trump, Merchan will be compelled to jail the former president should he - inevitably - violate the terms of his gag order.
The thing I took away from that is that the gag order is technically enforced as a civil agreement and not criminal. Why? Is that normal?
In the extreme case that you are undermining the court system and putting jurors at risk of harm, why can’t criminal penalties be imposed? Even if it’s just something like an out-of-court order in the form of a criminal caution, that would have a potentially serious impact on sentencing in some jurisdictions where first-time offenders get lesser sentences. It’s also kind of wild to me that incarceration can be a civil punishment but that’s a separate matter altogether.
I respect Justice Merchan, I think he’s doing a great job in an impossible situation. I am troubled by the double standard that leads him to say things like “I don’t want to jail a potential future president.” I know he’s trying to soften the potential for appeal, but nobody else would get such grace and it feels lacking in ethical consistency.
If you ask me Judges should never be thinking about avoiding appeals from a vexatious litigant. If they are and that alters their actions then something has gone wrong.