Topline
The judge in former President Donald Trump’s New York hush money trial threatened to send Trump to jail if he repeatedly violates a gag order against attacking witnesses, raising the prospect of a former president ending up behind bars for the first time in history—and legal experts believe that could lead to a trip to New York City’s notorious Rikers Island jail.
Key Facts
New York Judge Juan Merchan fined Trump $9,000 for nine gag order violations on Tuesday following a spree of Truth Social posts critical of potential witnesses and jurors, and threatened jail time for future violations, saying in his ruling the fine “will not achieve the desired result” of preventing future gag order violations.
Under New York state law, contempt of court is punishable by up to 30 days in jail per violation and/or a fine of no more than $1,000, depending on the discretion of the court.
It’s unclear whether—or when—Merchan would take the drastic step of imposing jail time, but Trump could potentially face jail time if he fails to pay the $9,000 fine, or for additional alleged gag order violations, including four that will be heard on Thursday, according to Molly Kalmus, an adjunct professor at John Jay College of Criminal Justice.
While Trump could theoretically face months in jail on those violations if Merchan issues consecutive sentences, Laura Appleman, a professor of criminal law at Willamette University and former public defender in New York, said she believes that at most, Trump would be given to 30 days “if he can’t stop himself.”
Should he be ordered to jail, Trump would likely be moved to Rikers Island, where he would likely be accompanied by Secret Service agents, Appleman and Kalmus said, adding the island jail on the East River would be able to separate Trump from the general population.
Kalmus said Rikers would be a likely outcome in that scenario because there is no jail at the Manhattan courthouse where Trump is being tried: The court’s holding cells are typically used on a short-term basis for people in transit from Rikers, and the former detention center at the courthouse known as the Tombs was demolished last year to make way for a larger facility.
If Merchan does decide to jail Trump for contempt of court, Trump would still be required to attend trial, though Appleman questioned whether that jail time would be enforced immediately, noting “you’re only going to kick someone out of trial for contempt if they can’t behave in court and that is not what Trump has been said to have violated.”
Forbes has reached out to Trump attorney Todd Blanche for comment.
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Crucial Quote
“The court so far is treating him with the same process as every other defendant that comes before this court,” Kalmus said, adding that despite security concerns that come with Security Service protection, “the process and procedure has been the same as it has for any other person before this court.”
Contra
A criminal trial against a former president is unprecedented in U.S. history, so it remains to be seen how the court system would handle incarcerating one. It’s possible Trump will be handled differently from a normal defendant, given his complicated security needs and high profile.
Surprising Fact
Last week, local, state and federal officials, including Secret Service agents, held a meeting to discuss how to handle a potential jail sentence on contempt, and how to protect the former president if he is jailed, sources told The New York Times—though the paper reported the conversations focused on the possibility of Trump being held in a courthouse holding cell.
What To Watch For
Trump faces another hearing on four more allegations of gag order violations on Thursday. Prosecutors argued Trump violated the order again during a television interview, at a campaign stop and while speaking to reporters in the hallway of the Manhattan courtroom, where they said he attacked potential witnesses.
Key Background
Trump has been charged in four different federal and state criminal indictments since last year, raising the prospect that a former president could be incarcerated for the first time in U.S. history. In New York, Trump was indicted on 34 felony counts for falsifying business records, stemming from a reimbursement to his former fixer Michael Cohen for a $130,000 hush money payment to adult film star Stormy Daniels ahead of the 2016 presidential election to conceal an alleged affair. Trump has denied the affair and pleaded not guilty to the charges, while his attorneys have argued the reimbursements were legal and weren’t campaign expenses. The former president has bashed the case repeatedly on the campaign trail and in Truth Social posts, baselessly arguing New York prosecutors worked in cahoots with the Biden administration to target Trump ahead of the November elections, with Trump labeling the case a “witch hunt.” He’s also criticized witnesses like Cohen. In March, with the trial just weeks away, Merchan imposed a gag order prohibiting Trump from making public statements about court staff, counsel and potential witnesses. Merchan expanded the order one month later to include the family of court staff, after Trump went after Merchan’s daughter online. Despite the order, Trump continued to post about potential witnesses, and prosecutors pushed Merchan to fine Trump $3,000 for three violations, including posts directed at Cohen and Daniels, who Trump called “sleaze bags.”
Chief Critic
Trump, in turn, has heavily criticized the gag order, claiming it marks an infringement of his right to free speech. Trump has argued that Cohen regularly attacks him on social media, so he should be allowed to respond. In another Truth Social post on Tuesday, Trump claimed the “whole ‘Trial’ is RIGGED, and by taking away my FREEDOM OF SPEECH, THIS HIGHLY CONFLICTED JUDGE IS RIGGING” the November election.
Forbes Valuation
We estimate Trump’s net worth stands at roughly $7.2 billion, making him the world’s 373rd richest person, thanks in large part to an extensive $1.1 billion real estate portfolio, plus an estimated $410 million in cash as of March. The former president has also benefited from a Truth Social windfall after its parent company Trump Media and Technology Group’s Wall Street debut last month, though he faces some restrictions on selling his shares.
