Donald Trump’s team has ‘jailbreak’ plan to ensure he doesn’t go to prison for gag order violations

by Jessica

Judge Juan Merchan found Donald Trump in contempt of court on Tuesday for violating the gag order multiple times in his Stormy Daniels hush-money case, Donald Trump’s team has a “jailbreak” strategy ready to ensure he doesn’t go to prison for his gag order violations.

Judge Juan Merchan found the former president in contempt of court on Tuesday for violating the gag order multiple times in his Stormy Daniels hush-money case. Trump was fined $9,000 (£7,100) for ignoring demands to not publicly comment on prosecutors, court staff, prospective jurors, and the judge’s family.

New York state law prevented the judge from giving Trump a steeper penalty as he lamented the £1,000 fine for each violation by saying it will “unfortunately not achieve the desired result”. He went on to add that the court “must therefore consider whether in some instances jail may be a necessary punishment.”

If the former president keeps taking to Truth Social and criticizing witnesses for the prosecution such as his former lawyer Michael Cohen or Stormy Daniels, then Merchan could order Trump to be sent to jail. According to Trump’s team who told Rolling Stone there is a “jailbreak” strategy that would involve rushing to file an emergency writ of habeas corpus that they believe would secure an emergency stay of potential contempt order.

The former president has been briefed that they believe it would be granted before New York authorities had the challenging prospect of getting Trump into a cell when he has an armed Secret Service with him at all times. In addition, Trump wouldn’t have to wear a bright orange jumpsuit during the criminal trial, even if he were remanded, according to one lawyer closer to the former president.

Trump has previously been horrified by the prospect of being made to wear “one of those jumpsuits.” It is unclear if Trump will be remanded even if he continues to ignore the gag order.

“If there’s any evidence of a dual system of justice, it’s the fact that Donald Trump has avoided being held in contempt and remanded to jail in this case, unlike any other criminal defendant who would have been remanded ages ago,” says Bradley Moss, a lawyer specializing in national security and government transparency matters. “The only universe in which I expect a contempt order to implicate prison time, though, is if Donald Trump is convicted at trial and Judge Merchan incorporates that contempt ruling into a sentencing decision.”

Trump has been bragging that Merchan wouldn’t impose any significant punishments for his violations after last month he privately boasted that he could attack the judge’s daughter without fear of being punished after he had tested previous gag orders without any serious consequences. Judge Arthur Engoron, who presided over the former president’s civil fraud trial, had threatened him with jail time.

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