Today should be an interesting day in Judge Merchan’s court room. Donald Trump reposted an attack by Fox’s Jesse Watters on the jury members selected for Trump’s current trial in NYC on election interference. Several legal experts (Andrew Weissmann, Barbara McQuade, and Jeffrey Toobin) have said on CNN and MSNBC that Trump’s Truth Social reposting of Jesse Watters’ blatant attack upon the jury members was a violation of Merchan’s gag order from March 26th. (NOTE: I only have the quotes and video from Jeffery Toobin, at least so far. Weissman’s statement on this was on the Last Word with Lawrence O’Donnell, and Barbara McQuade was on Stephanie Rhule’s show. No link or transcript as of yet for those shows).
So what did dickhead Trump post from Jesse Watters’ show on Fox propaganda:
JESSE WATTERS (HOST): Show me a juror who says they can be unbiased towards Trump and I'll show you a liar. That's why we don't have political trials in America; fairness is impossible. Trump's legal team was given the names of potential jurors and after googling them, discovered there were undercover activists trying to sneak onto the jury. One juror couldn't recall any anti-Trump feeling, but when the defense showed them the receipts, he admitted he posted on social media, "Donald Trump should be locked up."
Then CNN covered what Trump wrote on Truth Social:
This is jury intimidation, and Weissmann thinks this may be the first thing on Merchan’s do list today.
Now, I just want to bring this up. On Monday on MSNBC, Lawrence O’Donnell, Chris Hayes, and Lanny Davis stated emphatically that no way is Trump going to be jailed on contempt of court. From O’Donnell and Hayes, the argument is that it would be a “logistical nightmare” to jail Trump at Rykers Island because of all the Secret Service agents who would have to be present in the jail to protect Trump. As for Lanny Davis, he’s just appalled that any former president should EVER BE JAILED! He thinks maybe home arrest for the poor Donald.
Andrew Weissmann — God love him — called all of this BS.
First up, Weissmann stated that a solitary cell could be used to house Trump. This has been done before for other defendents, and the Secret Service could take shifts making sure that no on gets near Trump. Also, the Secret Service is there to really keep Trump from being shot at. Well, how many of the prisoners on Rykers have guns? Damn few! Otherwise, we would be having lots of shoot outs in prison.
If that was too much, Weissmann says, “Fine, have home incarceration then.” But the idea that Trump cannot be contained or thrown in jail is not set in stone, ESPECIALLY WHEN HE IS THREATENING MEMBERS OF THE JURY!
If Secret Service agents have to spend time in prison with Trump, so be it.
Anyway, I do NOT expect Trump to go to jail right away. As has been pointed out to me by other lawyers on Daily Kos, there has to be a hearing on Trump’s violations of the gag order. It’s required by law. And time has be provided for both sides to present their arguments. What will probably happen is that Trump will be fined (big fucking deal) because Merchan has to follow increasing sanctions for each violation of the gag order.
As to those same lawyers on Daily Kos who reminded me of the process (I’m not listening to Catherine Christian anymore because she made it sound like Merchan could address the issue of gag violations then and there on Monday), I would like to hear how they think this may all play out. While I don’t think Merchan will throw Trump in jail now (but he should), I suspect that may be because he does not want to get reversed on appeal or appear to be biased against Trump.
However, Trump will continue his attacks on the jury and anyone else attached to this proceeding. Frankly, I think that is a safe bet. And eventually, Merchan will have to address the question of how to stop Trump.