Earlier today (30 April 2024), Justice Juan Merchan imposed $9,000 in fines on Donald Trump for violating the court’s gag order, and made it clear that under the proper circumstances would put him in jail for future violations.
The problem isn’t the fine or the warning. Those were probably entirely appropriate, given what the defendant has done. The problem is that this is for contempt of court, and that’s just not in any way adequate.
The actual crime here is obstruction of justice, and the justice system is not taking strong enough action to defend itself against that assault.
The judge in this case should have used New York State law, Penal Law Section 195.05:
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor’s intent that the animal obstruct governmental administration. Obstructing governmental administration is a class A misdemeanor.
[Here]
How does this apply to Donald Trump?
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law by means of intimidation. Obstructing governmental administration is a class A misdemeanor.
I claim that putting out messages that defame participants in the trial, knowing that his followers have previously taken this to mean they should physically attack people he’s defamed, fits this definition.
As a class A misdemeanor, he can be incarcerated up to a year in prison.
Rather than trying to deal with this as contempt of court, Merchan should refer the defendant to the DA for prosecution under this or other state statutes that prohibit obstruction of justice. Make the defendant sit for another trial.
The entire point of punishing the defendant for violating the gag order is to get him to stop. The consequences need to be enough to actually get him to stop. If you impose a sentence and it doesn’t make him stop, it acts as a reward.
Don’t slow down the current trial to reward the defendant for bad behavior. Use the justice system to get justice.