It was a pretty easy call for Judge Juan Merchan to find Donald Trump guilty of contempt this week. Let's face it, the guy is pretty much in contempt of the entire American judicial system all the time--after all, it hasn't applied to him his entire fucking life. So why should he feel any differently just because he is currently on trial in New York?
Specifically, Merchan ruled Trump had violated the gag order, imposed to protect witnesses, jurors, court employees, and their relatives nine different times. Prosecutors had asked him to consider a 10th instance, but Merchan said the presumptive republican presidential nominee, had been responding to an attack by prosecution witness, Michael Cohen, which he would allow.
The judge fined Trump $1,000 per charge--the max allowed by NY law--and ordered him to remove seven social posts and another two found on his campaign web site. Trump complied and Cohen swore he would shut up. It is unclear if Trump will, or even can do the same.
Defense attorneys had argued Trump was exercising his right of free speech, or in one instance simply repeating what some talking head on Fox News had said. In another they claimed their client couldn't have been intimidating the jury because he didn't single any of them out, that he was speaking about them as a whole. Merchan wasn't buying any of that bullshit. After announcing the decision he noted $9,000 grand probably wouldn't even put a dent in the Trump Organization's petty cash box, so he warned Orange Jesus if he kept it up he could expect spending a few weekends enjoying the scenery at sunny Riker's Island.
Of course, the only thing Donald Trump likes more than portraying himself and this gelatinous mountain of strength and cunning--think Jabba the Hut with blonde hair--is playing the persecuted martyr. As soon as court recessed for the day Trump complained to the press Merchan's gag order was preventing him from testifying. "Well, I'm not allowed to testify," he said. "I'm under a gag order, I guess I can't testily" No one knows for sure how many demented rubes out there heard this and actually believed it.
However, it is obvious that isn't what Merchan's ruling meant. If the truth be known the odds are, DA, Alvin Bragg would love for Donald Trump to testify on his own behalf. Getting that lying son of a bitch under oath while in the throes of caffeine withdrawal, is every prosecutors dream. It is just a matter of whether the defense team is stupid enough to allow it.
The next morning Merchan, since the evidence continues to mount that Don Trump hasn't the faintest clue what the Constitution allows and doesn't allow--took the time to explain the situation to him. Yes, Trump can testify all he wants. What was left unsaid and should be understood, is Big Don can't go on social media, or OAN or some other outlet to condemn witnesses, the jury, and others in order to rile up his more, let's say, rambunctious Hoi polloi.
At the moment Judge Merchan is deciding how he will rule on an additional four charges of contempt brought by the prosecution. We know he isn't taking any gruff from Donald Trump. The question though, is he willing to go down in the books as first jurist in the history of the republic to toss a former and possibly future President of the United States into the clink?
5-4-24
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