’s election interference case was certainly dramatic, but other events that took place may mean we are closer than ever to the former president facing the prospect of jail time.
But before the trial began that day, Justice Juan Merchan, the judge presiding over the trial, issued his second contempt order, fining the former president $1,000 for what the judge found was an additional violation of the gag order in the case. This was on top of the $9,000 he previously fined Trump for nine earlier violations of that order.
Had Trump made such a statement, it would have certainly violated the gag order. But that order also says Trump cannot violate its terms through a surrogate. In such a situation, a judge can both sanction the lawyer for these statements, regardless of whether there is a gag order in place, and also refer the matter to attorney disciplinary bodies to consider whether other punishment is appropriate.
However, it’s not apparent that Ms. Habba’s statement was in response to any inappropriate adverse publicity initiated by someone else. The mere fact that Ms. Clifford gave testimony that the Trump team might have found damaging is not enough to trigger this “safe harbor,” as it is known. What is the scope of the work she is performing for Trump? Is she participating in the day-to-day strategy sessions related to the case? Is she assisting the trial attorneys with trial tactics? Such conduct would certainly suggest she is “participating” in the matter.
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