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How a Gag Order Confrontation Explains Everything About Trump

How a Gag Order Confrontation Explains Everything About Trump

 


CNN-

Prosecutor Chris Conroy captured the quintessence of Donald Trump in a single sentence during the ex-president's secret trial Tuesday.

He knows what he's not allowed to do and he does it anyway.

Conroy was referring to Trump's continued testing of a silence order protecting witnesses, court staff and the jury. But there has rarely been a better description of the presumptive GOP nominees' overall approach to business and policy or how he promised to behave if voters returned him to the White House.

The New York lawyer coined his phrase during a tense hearing on whether Trump violated the terms of the silence order in outbursts, rebroadcasts and social media comments, saying the jury was filled with biased liberals and targeting two potential key witnesses, his ex-lawyer Michael Cohen. and adult film star Stormy Daniels.

And in remarks during an interview recorded before Tuesday's hearing but which was broadcast as Judge Juan Merchan considered whether to punish Trump, the ex-president did it again. Michael Cohen is a convicted liar and he has no credibility, Trump said in an interview with WPVI Philadelphia.

Just six days into the trial, Trump is doing what he always does, pushing the rules and conventions of the law and accepted behavior in service of his own narrative of victimization that he has placed at the heart of his campaign of 2024.

Viewer asks why judge can't increase Trump's fines. A legal expert intervenes

Prosecutors now want Merchan to fine Trump $1,000 for each of 10 alleged violations of the hush order and warn that jail time could be an option if he continues to flout the restrictions. CNN's John Miller reported Tuesday that the Secret Service, court officials and the New York City Department of Corrections have quietly consulted on what to do if Trump ends up imprisoned for contempt of court. This remedy remains distant for the moment, but any possible measure in this direction cannot be excluded since no judge can allow an accused to mock his authority in what is essentially a demonstration of contempt for the State of right.

Judge Merchan needs to have control of his courtroom, former judge and current Cooley Law School professor Jeffrey Swartz told Jim Sciutto on CNN Max. He cannot allow someone who is under silence to basically say: I don't care what you think, judge, I'm going to do what I want to do.

It is almost inconceivable that another defendant could slash the judge and his court as Trump has done on his Truth social network, in his interviews and in his remarks to the cameras outside the courtroom. Trump claims the gag stifles his rights to free speech and to campaign as the party's presumptive nominee. But that's patently false: The order is limited even though it was extended by the judge to his family following the former president's social media attacks on Merchan's daughter.

On Tuesday, Merchan became visibly frustrated with Trump's lawyers when they insisted their client was working to comply with the order, without providing any evidence. At one point, during what quickly turned into a disastrous hearing for Trump's team, Merchan warned Trump's lawyers that they were losing credibility with the court. Legal cartoonist Elizabeth Williams described the extraordinary moment when the judge clashed with Trump lawyer Todd Blanche. Merchan is a pretty cool character, he doesn't get angry easily, she told CNN's Erin Burnett. They were getting started.

Trying, and failing, to hold Trump accountable

Merchan, like most judges, may not be accustomed to such slights. But he is the latest in a long line of judges, officials, political advisers and business associates, not to mention American law and the Constitution, to try to constrain the former president. And while a dispute over a partial silence order may seem like a small issue in an individual case, it conveys a broader truth about Trump's impact on American life.

There's a common theme across Trump's four criminal cases, other legal quagmires, and a single presidential term that resulted in two impeachments: He consistently refuses to abide by the laws that apply to everyone else Americans.

The implicit basis for all of Trump's ongoing lawsuits, including two for his attempt to overturn the 2020 election, one for his hoarding of classified documents, and other civil and fraud cases, is the same. This is because all Americans are equal before the law, a principle that applies even to former presidents.

But Trump constantly violates this fundamental value which constitutes the pillar of the legal system. And he will do it in the boldest way possible, on the biggest stage later this week, when the United States Supreme Court hears his sweeping declaration that ex-presidents are immune from prosecution for acts they committed during their mandate. This argument is an attempt to derail the federal election interference case against Trump, which defeated special counsel Jack Smith. The former president posted on Truth Social on Sunday: Without presidential immunity, a president will not be able to function properly or make decisions.

But Trump is seeking protections that would absolve the executive office of the presidency of legal liability for criminal acts, a privilege no other commander in chief has enjoyed in nearly two and a half centuries and which appears to contradict founding principles of State. a nation that rebelled against a monarch who was above the law. Most legal experts believe his claims are baseless, a position validated by an appeals court ruling against Trump in Washington, DC. But any Supreme Court decision suggesting even some limited areas of presidential immunity could end up changing the scope of the office itself.

George Conway on What Struck Him About the Trump Silence Hearing

This sense that Trump feels not covered by the same rules as everyone else shines through in all of his court cases in which he has pleaded not guilty as well as his other escapades.

He is the first president in history to lose an election, but he insists he won based on false and debunked claims of massive fraud.

He saw nothing wrong as president with phoning Georgia officials and asking them to find votes that didn't exist so he could try to overturn President Joe Biden's victory in the critical 2020 state The ex-president insisted the call was perfect. the same phrase he used to describe his attempt to force Ukrainian President Volodymyr Zelensky to announce an investigation into the Biden family during a conversation that led to his first impeachment.

The impulse to ignore orders of silence and most accepted interpretations of the limits of presidential power appears to stem from the same disregard for the rule of law that led Trump to allegedly mishandle reams of classified documents in his domain of Mar-a-Lago and pretending they belonged to him and not the country. He is also awaiting trial in that case in which he has pleaded not guilty.

The feeling that the law only applies to other people may also have prompted the ex-president to overvalue his properties to gain preferential treatment from banks and insurance companies, a hypothesis contradicted by his loss in a civil fraud judgment of nearly half a billion dollars. against him, the Trump Organization and his adult sons earlier this year.

While Trump's recklessness in the face of constraints horrifies his opponents, his willingness to tear down legal and political institutions is key to his appeal to millions of supporters.

In his bid to win back the White House, Trump is appealing to Americans who distrust the ruling elites of politics, law, the medical establishment and the media. He presents himself as a champion who endures persecution so he doesn't have to. I am your justice and to those who have been wronged and betrayed, I am your punishment, Trump declared at the Conservative Political Action Conference in March 2023, reviving his ties with his populist base voters.

But Trump's willingness to trample the law and the principles of a democratic constitutional system has severed his ties with more traditional conservatives. George Conway, a conservative lawyer who before 2020 consistently voted Republican for president, will headline a fundraiser for Biden on Wednesday and donate nearly $1 million to a joint committee of raising funds to try to re-elect him because he is concerned about Trump's commitment to his time in office. possible second term in retaliation. He warned that Trump doesn't care at all about the Constitution or the rule of law. He wants to undermine the country and its rule of law for his own political goals.

Conway, who was in court for the Trump trial on Tuesday, became emotional while explaining his decision to donate the maximum amount possible in an interview with CNN's Burnett.

Yes, it will come from my children's legacy, but the most important thing they can inherit is to live in a constitutional democracy, Conway said.

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