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If Trump keeps violating gag order, Judge Merchan should jail him like he would everybody else

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Anthony Coley is a legal analyst for NBC News, MSNBC and CNBC. He was director of the Justice Department’s office of public affairs from February 2021 until January 2023.

To know Donald Trump is to understand how tightly he controls his image and narrative in public. He means to show us: Strength. Control. Power. On Wednesday in Trump’s New York trial, Judge Juan Merchan made it clear who’s really in charge. He held Trump in criminal contempt for nine violations of a narrowly tailored gag order designed to ensure the integrity of this, the former president’s first criminal trial.

Judge Merchan should order Trump’s detention as he would order the detention of anyone else who repeatedly violated what Merchan called his “lawful and unambiguous” order. Sure, the judge’s putting Trump in jail would be likely to further galvanize his base in the short term. It would also be likely to galvanize Democrats, many of whom may believe that Trump should already be incarcerated for his efforts to subvert American democracy.

 

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