Opinion: Trump’s refusal to follow gag order could cost him

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Merchan will very likely sanction at least some of Trump’s misconduct, writes Norm Eisen, based on legal analysis of New York law and the 10 statements at issue.

Perhaps the most striking thing about Monday’s opening of former President Donald Trump’s criminal trial was the juxtaposition between the extraordinary and the humdrum, with the judge and jury going through all the usual motions that I have seen hundreds of times – but doing them with a former president in the dock for the first time ever. Tuesday morning, however, will be something I have never seen before in my three decades of criminal law practice. After court comes into session at 9:30 a.

” The prosecution is asking that Merchan hold Trump in contempt for those statements plus eight others, and wants the judge to order sanctions including a $1,000 fine per statement – and a warning that Trump risks up to 30 days in jail for any future violations. Trump will likely raise a slew of defenses but there’s one that we can expect him to advance the most aggressively – one that highlights the unique nature of this case.

 

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Trump gag order hearing to be held by Judge Merchan next weekJordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
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